The following definitions are provided in the Jeanne Clery Campus Safety Act (Clery Act)(34 CFR Part 668), or referenced from the Federal Bureau of Investigation’s (FBI) Uniform Crime Reporting (UCR) Program. For purposes of complying with the Clery Act, an incident meeting these definitions is considered a crime for the purpose of Clery Act reporting.
Dating violence:
Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
(i) The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
(ii) For the purposes of this definition –
(A) Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
(B) Dating violence does not include acts covered under the definition of domestic violence.
(iii) For the purposes of complying with the requirements of this section and § 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.
Domestic violence:
(i) A felony or misdemeanor crime of violence committed –
(A) By a current or former spouse or intimate partner of the victim;
(B) By a person with whom the victim shares a child in common;
(C) By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
(D) By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or
(E) By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
(ii) For the purposes of complying with the requirements of this section and § 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.
Sexual assault:
An offense that meets the definition of rape, fondling, incest, or statutory rape, as used in the FBI’s UCR program.
Rape:
The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
Fondling:
The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.
Incest:
Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
Statutory Rape:
Sexual intercourse with a person who is under the statutory age of consent.
Stalking:
(i) Engaging in a course of conduct directed at a specific person that would cause a reasonable person to
(A) Fear for the person’s safety or the safety of others; or
(B) Suffer substantial emotional distress.
(ii) For the purposes of this definition –
(A) Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
(B) Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
(C) Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
(iii) For the purposes of complying with the requirements of this section and § 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.
Murder and nonnegligent manslaughter:
The willful (non-negligent) killing of one human being by another.
Negligent manslaughter:
The killing of another person through gross negligence.
Robbery:
The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.
Aggravated Assault:
An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. (It is not necessary that injury result from an aggravated assault when a gun, knife, or other weapon is used which could and probably would result in serious personal injury if the crime were successfully completed.)
Burglary:
The unlawful entry of a structure to commit a felony or a theft. For reporting purposes this definition includes: unlawful entry with intent to commit a larceny or felony; breaking and entering with intent to commit a larceny; housebreaking; safecracking; and all attempts to commit any of the aforementioned.
Motor Vehicle theft:
The theft or attempted theft of a motor vehicle. (Motor vehicle theft includes all cases where automobiles are taken by persons not having lawful access even though the vehicles are later abandoned – including joyriding.)
Weapons (Carrying, Possessing, Etc.):
The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices, or other deadly weapons.
Arson:
Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.
Liquor Law Violations:
The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, or use of alcoholic beverages, not including driving under the influence and drunkenness.
Drug Abuse Violations:
The violation of laws prohibiting the production, distribution, and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use.
The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation, or importation of any controlled drug or narcotic substance.
Arrests for violations of State and local laws, specifically those relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs.
Hate crime:
A crime reported to local police agencies or to a campus security authority that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. For the purposes of this section, the categories of bias include the victim’s actual or perceived race, religion, gender, gender identity, sexual orientation, ethnicity, national origin, and disability.
For Clery Act reporting purposes, hate crimes include any offense in the following list that is motivated by bias: Murder and non-negligent manslaughter, negligent manslaughter, rape, fondling, incest, statutory rape, robbery, aggravated assault, burglary, motor vehicle theft, arson, destruction/damage/vandalism to property, intimidation, larceny/theft, and simply assault.
Larceny-Theft (Except Motor Vehicle Theft):
The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. Attempted larcenies are included. Embezzlement, confidence games, forgery, worthless checks, etc., are excluded.
Simple Assault:
An unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness.
Intimidation:
To unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack.
Destruction/Damage/Vandalism of Property:
To willfully or maliciously destroy, damage, deface, or otherwise injure real or personal property without the consent of the owner or the person having custody or control of it.
Definitions Contained in the Violence Against Women Act Reauthorization Act of 2022 – effective October 1, 2022
Sexual Assault (34 U.S.C. 12291(a))
The term ‘sexual assault’ means any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent.
Domestic violence (34 U.S.C. 12291(a))
The term “domestic violence” includes felony or misdemeanor crimes committed by a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction receiving grant funding and, in the case of victim services, includes the use or attempted use of physical abuse or sexual abuse, or a pattern of any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over a victim, including verbal, psychological, economic, or technological abuse that may or may not constitute criminal behavior by a person who—
- a) is a current or former spouse or intimate partner of the victim, or person similarly situated to a spouse of the victim;
- b) is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
- c) shares a child in common with the victim; or
- d) commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction.
Dating violence (34 U.S.C. 12291(a))
The term ‘‘dating violence’’ means violence committed by a person
- who is or has been in a social relationship of a romantic or intimate nature with the victim; and
- where the existence of such a relationship shall be determined based on a consideration of the following factors:
- The length of the relationship.
- The type of relationship.
- The frequency of interaction.
Stalking (34 U.S.C. 12291(a))
The term ‘‘stalking’’ means engaging in a course of conduct directed at a specific person that would cause a reasonable person to—
- fear for his or her safety or the safety of others; or
- suffer substantial emotional distress.
Washington state law definitions of these crimes differ and are incorporated into the Revised Code of Washington.