Clery Act Definitions

Crime Class Definitions

• 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.

• Sex Offense Forcible (F)  - Any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent:  forcible rape; forcible sodomy; sexual assault with an object; forcible fondling and attempted rape.

• Sex Offense Non Forcible (N) – Unlawful, non-forcible sexual intercourse:  incest; statutory rape.

• 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 is usually 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.)

• Simple Assault - Assaults and attempted assaults where no weapon was used and which did not result in serious or aggravated injury to the victim. (This only applies in hate crime reporting).

• 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.  (Classify as motor vehicle theft all cases where automobiles are taken by persons not having lawful access even though the vehicles are later abandoned—including joyriding.)

• 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 Violation - The violation of laws or ordinances prohibiting:  the manufacture, sale, transporting, furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still, furnishing liquor to a minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; any attempts to commit any of the foregoing violations. This list does not include public drunkenness and driving under the influence. 

• Drug Law Violation - Violations of State and local laws related to the possession, sale, use, growing, manufacturing, and making of narcotic drugs.  The relevant substances include;  opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana; synthetic narcotics (Demerol, methadones); and dangerous nonnarcotic drugs (barbiturates, Benzedrine).

• Weapon Law Violation - The violation of laws or ordinances regulating weapons.

• Hate Crimes - Any crime that manifests evidence that the victim was intentionally selected because of the victim’s actual or perceived race; religion; gender; sexual orientation; ethnicity or physical/mental disabilities.

• Disciplinary Referrals - Incidents in which a student was not arrested but was referred for campus disciplinary action for liquor law violations, drug law violations, and illegal weapons possession.  Do not include disciplinary referrals for violation of university policy if there was no violation of the law.   For example, if a student of legal drinking age violates a “dry campus” policy and is referred for disciplinary action, this statistic should not be included in the crime statistics.

Location Definitions

• Campus – (i) Any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution’s educational purposes, including residence halls; and (ii) any building or property that is within or reasonably contiguous to the area identified in paragraph (i) of this definition, that is owned by the institution but controlled by another person, is frequently used by students and supports institutional purposes (such as a food or other retail vendor).

• Affiliated/Non-Campus - (i) Any building or property owned or controlled by a student organization that is officially recognized by the institution; or (ii) any building or property owned or controlled by an institution that is used in direct support of, or in relation to the institution's educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution

• Housing - Residence halls or other university-owned residences.

• Public Property - "Public property" is defined by the Clery Act regulations as all public property including thoroughfares, streets, sidewalks, and parking facilities that are within the campus, or immediately adjacent to and accessible from the campus.  Include the sidewalk across the street from the campus, but do not include public property beyond the sidewalk.

Please see the Campus Security Authority web site for a list of non-campus buildings: http://public-safety.berkeley.edu/csp/csatutorial.html