Clery Act Crime Definitions

Crime Definitions

Crimes Definitions
Offense	Definition
Aggravated Assault	An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault is usually accompanied by the use of a weapon or by means likely to produce death or great bodily harm.
Arrests	for Clery Act purposes is defined as persons processed by arrest, citation or summons.
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.
Burglary	The unlawful entry of a structure to commit a felony or a theft.
Consent under Kansas law	“Consent” is not a separately defined term in Kansas criminal statute. However, K.S.A. 21-5503 (Rape) and K.S.A. 21-5505 (Sexual Battery) provide that consent is absent under the following circumstances: (1) an individual is overcome by force or fear; (2) an individual is unconscious or physically powerless; (3) an individual is unable to give consent because of mental deficiency or disease; or (4) an individual is unable to give consent because of the effect of any alcohol liquor, narcotic, drug or other substance, which condition was known by the offender or was reasonably apparent to the offender.
Consent under University of Kansas policy	“Consent” is communicated, ongoing, and mutual. This means consent is gained through words or actions that show an active, knowing, and voluntary agreement to engage in mutually agreed-upon sexual activity. It is the responsibility of the initiator, or the person who wants to engage in the specific sexual activity to make sure that the initiator has consent. Consent cannot be gained by force, by ignoring or acting without regard to the objections of another, or by taking advantage of the incapacitation of another, where the accused knows or reasonably should have known of such incapacitation. For example, a person who is intoxicated may not be capable of giving consent. Consent is also absent when the activity in question exceeds the scope of consent previously given or when the person from whom consent is sought is deemed incapable of giving consent under the law of the State of Kansas. A person always has the right to revoke consent at any time during a sexual act. Consent to one act does not constitute consent to another act. Consent on a prior occasion does not constitute consent on a subsequent occasion. Silence, lack of resistance, or failure to say “no” does not imply consent.
Dating Violence under the Clery Act	Dating Violence is defined as violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. 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.
Dating Violence under Kansas State Law	“Dating violence” is not separately defined under Kansas criminal statute. It is included within the crimes of “domestic violence,” “domestic battery,” and “aggravated domestic battery” cited previously.
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 persons having custody or control of it.
Domestic Violence under the Clery Act	Domestic Violence is defined as a felony or misdemeanor crime of violence committed— By a current or former spouse or intimate partner of the victim; By a person with whom the victim shares a child in common; By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner; 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; 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.
Domestic Violence under Kansas State Law	Pursuant to K.S.A. 21-5111(i), “Domestic violence” means an act or threatened act of violence against a person with whom the offender is involved or has been involved in a dating relationship, or an act or threatened act of violence against a family or household member by a family or household member. Domestic violence also includes any other crime committed against a person or against property, or any municipal ordinance violation against a person or against property, when directed against a person with whom the offender is involved or has been involved in a dating relationship or when directed against a family or household member by a family or household member. For the purposes of this definition: "Dating relationship" means a social relationship of a romantic nature. In addition to any other factors the court deems relevant, the trier of fact may consider the following when making a determination of whether a relationship exists or existed: Nature of the relationship, length of time the relationship existed, frequency of interaction between the parties and time since termination of the relationship, if applicable. "Family or household member" means persons 18 years of age or older who are spouses, former spouses, parents or stepparents and children or stepchildren, and persons who are presently residing together or have resided together in the past, and persons who have a child in common regardless of whether they have been married or have lived together at any time. Family or household member also includes a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time. In addition, pursuant to K.S.A. 21-5414, “domestic battery” and “aggravated domestic battery” include: Domestic battery is: Knowingly or recklessly causing bodily harm to a person with whom the offender is involved or has been involved in a dating relationship or a family or household member; or Knowingly causing physical contact with a person with whom the offender is involved or has been involved in a dating relationship or a family or household member, when done in a rude, insulting or angry manner. Aggravated domestic battery is: Knowingly impeding the normal breathing or circulation of the blood by applying pressure on the throat, neck, or chest of a person with whom the offender is involved or has been involved in a dating relationship or a family or household member, when done in a rude, insulting or angry manner; or Knowingly impeding the normal breathing or circulation of the blood by blocking the nose or mouth of a person with whom the offender is involved or has been involved in a dating relationship or a family or household member, when done in a rude, insulting, or angry manner.
Disability Bias	A performed negative opinion or attitude toward a group of persons based on their physical or mental impairments, whether such disability is temporary or permanent, congenital or acquired by heredity, accident, injury, advanced age or illness.
Drug Law Violation	A violation of state law or local ordinance prohibiting the unlawful: Cultivation, Manufacture, Distribution, Sale, Purchase, Use, Possession, Transportation, or Importation of any controlled drug or narcotic substance.
Ethnicity Bias	A performed negative opinion or attitude toward a group of people whose members identify with each other, through a common heritage, often consisting of a common language, common culture (often including a shared religion) and/or ideology that stresses common ancestry.
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 age or because of temporary or permanent mental incapacity.
Gender Bias	A performed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender, e.g., male or female.
Gender Identity Bias	A performed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender identity, e.g., bias against transgender or gender non-conforming individuals.
Hate Crime	A criminal offense that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim.
Incest	Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
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.
Larceny-Theft	The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. Constructive possession is the condition in which a person does not have physical custody or possession, but is in a position to exercise dominion or control over a thing.
Liquor Law Violation	A violation of state law or local ordinance prohibiting the: Manufacture, Sale, Purchase, Transportation, Possession, or Use of alcoholic beverages.
Manslaughter by Negligence	The killing of another person through gross negligence.
Motor Vehicle Theft	The theft or attempted theft of a motor vehicle.
Murder and Non Negligent Manslaughter	The willful(non-negligent)killing of one human being by another.
National Origin Bias	A performed negative opinion or attitude toward a group of people based on their actual or perceived country of birth.
Race Bias	A performed negative attitude toward a group of persons who possess common physical characteristics, e.g., color of skin, eyes, and/or hair; facial features, etc., genetically transmitted by descent and heredity which distinguish them as a distinct division of humankind, e.g., Asians, blacks or African Americans, whites.
Rape	The penetration, no matter how slight, of the vagina or anus, with a body part or object, or oral penetration by a sex organ of another, without the consent of the victim.
Referral for disciplinary action	The referral of any person to any official who initiates a disciplinary action of which a record is established and which may result in the imposition of a sanction.
Religion Bias	A performed negative opinion or attitude toward a group of persons who share the same religious beliefs regarding the origin and purpose of the universe and the existence or nonexistence of a supreme being, e.g., Catholics, Jews, Protestants, atheists.
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.
Sexual Orientation Bias	A performed negative opinion or attitude toward a group of persons based on their actual or perceived sexual orientation.
Simple Assault	The 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.
Stalking under the Clery Act	Stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to— Fear for the person’s safety or the safety of others; or Suffer substantial emotional distress. For the purposes of this definition— Course of conduct means two or more acts, including, but not limited to, acts 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. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling. For the purposes of complying with the requirements of this section and section 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.
Stalking under Kansas State Law	Pursuant to K.S.A. 21-5427, “Stalking” is: Recklessly engaging in a course of conduct targeted at a specific person which would cause a reasonable person in the circumstances of the targeted person to fear for such person's safety, or the safety of a member of such person's immediate family and the targeted person is actually placed in such fear; Engaging in a course of conduct targeted at a specific person with knowledge that the course of conduct will place the targeted person in fear for such person's safety or the safety of a member of such person's immediate family; After being served with, or otherwise provided notice of, any protective order included in K.S.A. 21-3843, prior to its repeal or K.S.A. 21-5924, and amendments thereto, that prohibits contact with a targeted person, recklessly engaging in at least one act listed in subsection (f)(1) that violates the provisions of the order and would cause a reasonable person to fear for such person's safety, or the safety of a member of such person's immediate family and the targeted person is actually placed in such fear; or Intentionally engaging in a course of conduct targeted at a specific child under the age of 14 that would cause a reasonable person in the circumstances of an immediate family member of such child, to fear for such child’s safety.
Statutory Rape	Sexual intercourse with a person who is under the statutory age of consent.
Weapon Law Violation	A violation of state law or local ordinance prohibiting the: Manufacture, Sale, Purchase, Transportation, Possession, Concealment, or Use of firearms, cutting instruments, explosives, incendiary devices, or other deadly weapons.

How are the crimes defined?

Under the Clery Act, for the purposes of counting and disclosing:

The Federal Bureau of Investigation’s (FBI’s) Uniform Crime Reporting (UCR) Program provides the definitions for:
- Criminal Offense, Hate Crime, Arrest and Disciplinary Referral.
The Summary Reporting System (SRS) User Manual from the FBI’s UCR Program provides the definitions for:
- Murder, Rape, Robbery, Aggravated Assault, Burglary, Motor Vehicle Theft, Arson, Weapons Carrying, Possessing, Etc. Law Violations, Drug Abuse Violations, and Liquor Law Violations.
The FBI’s National Incident-Based Reporting System (NIBRS) Data Collection Guidelines edition of the UCR provides the Definitions for:
- Fondling, Incest and Statutory Rape.
The FBI’s Uniform Crime Reporting Hate Crime Data Collection Guidelines and Training Manual provides the definitions for:
- Hate Crimes.
The Violence Against Women Act (VAWA) of 1994 provides the definitions for:
- Domestic Violence, Dating Violence and Stalking

Note that, although the law states that institutions must use the UCR Program definitions, Clery Act crime reporting does not have to meet all of the UCR Program standards.

What if I can’t define the crime when I report it?

Do not worry about being able to define the crime. The KU Police Department or Clery Compliance Officer will use the information you provide to define the crime.

Members of the community are helpful when they immediately report crimes or emergencies to the KU Police Department and/or primary Campus Security Authority (CSA) for purposes of including them in the annual statistical disclosure and assessing them for issuing a Timely Warning Notice, when deemed necessary.