Clery Act | Reportable Crime Definitions

Part 1 - Primary Crime

An unlawful attack by one person upon another to inflict 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. Injury doesn't need to result from an aggravated assault when a gun, knife, or other weapon is used which could or probably would result in a serious potential injury if the crime were completed.

Part 1 - Primary Crime

The willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, or personal property of another kind.

Part 1 - Primary Crime

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 a felony; breaking and entering with the intent to commit a larceny; house-breaking, safecracking; and all attempts to commit any of the aforementioned.

Part 4 - Violence Against Women Act Crimes

Violence is committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. Violence includes but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence. The existence of a relationship of a romantic or intimate nature with the victim shall be determined based on a consideration of the following factors:

• The length of the relationship.
• The type of the relationship.
• The frequency of interaction between the persons involved in the relationship.

Part 4 - Violence Against Women Act Crimes

• A current or former spouse or intimate partner of the victim;
• A person with whom the victim shares (or allegedly shares) a child in common;
• A person who is cohabitating with or had cohabitated with the victim as a spouse or intimate partner
• 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
• 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.
• Louisiana domestic violence laws include:
  • Family members related by blood.
  • People who share or used to share a home, apartment, or other common dwelling.
  • People who have a blood relationship through a child in common.
  • People who are dating, engaged, or used to date, including same-sex couples.
  • People with disabilities and their personal assistants.

Part 2 - Alcohol, drug, and weapon 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.

Part 3 - Hate Crimes

Any incidents of larceny-theft, simple assault, intimidation, destruction/damage/vandalism of property, and other Clery Act Crimes that are motivated by bias toward race, ethnicity, national origin, gender, gender identity, sexual orientation, religion, and/or disability.

Part 2 - Alcohol, drug, and weapon violations

The violation of state or local laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, or use of alcoholic beverages, not including driving under the influence and drunkenness.

Part 1 - Primary Crime

The theft or attempted theft of a motor vehicle. (Classify as motor vehicle theft in all cases where automobiles are taken by persons not having lawful access, even though the vehicles are later abandoned - including joy riding.).

Part 1 - Primary Crime

The willing (non-negligent) killing of one human by another.

NOTE: Deaths caused by negligence, attempts to kill, assaults to kill, suicides, accidental deaths, and justifiable homicides are excluded.

Part 1 - Primary Crime

The killing of another person through gross negligence.

Part 1 - Primary Crime

The taking or attempting to take anything from the value of 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.

Part 1 - Primary Crimes

An offense that meets the definition of rape, forcible 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, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
• Forcible Fondling: The touching of the private body parts of another person for sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
• Incest: Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
• Statutory Rape: Nonforcible sexual intercourse with a person who is under the statutory age of consent.

Part 4 - Violence Against Women Act Crimes

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
• Suffer substantial emotional distress.
• For the purposes of this definition—
  • 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 an action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property.
  • Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily, require medical or other professional treatment or counseling.
  • Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.

Part 2 - Alcohol, drug, and weapon violations

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.