Clery Crime Definitions

Any willful or malicious burning or attempt to burn a dwelling, house, public building, motor vehicle or aircraft, personal property, etc.

The unlawful entry of a structure to commit a felony or a theft.

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 relationship shall be determined based on consideration of the following factors:

• Length of relationship;
• The type of relationship; and
• The frequency of the interaction between the persons involved in the relationship

A crime of violence committed by:

• a current or former spouse or intimate partner of the victim;
• a person with whom the victim shares a child in common;
• a person who is cohabitating with or has 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 receiving grant monies; 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.

Any intentional, knowing, or reckless act committed by a person (whether individually or in concert with other persons) against another person or persons regardless of the willingness of such other person or persons to participate that:

• Is committed in the course of an initiation into, an affiliation with, or the maintenance of membership in, a student organization; and
• Causes or creates a risk, above the reasonable risk encountered in the course of participation in the institution of higher education or the organization (such as the physical preparation necessary for participation in an athletic team), of physical or psychological injury including
  • Whipping, beating, striking, electronic shocking, placing of a harmful substance on someone’s body or similar activity;
  • Causing, coercing, or otherwise inducing sleep deprivation, exposure to the elements, confinement in a small space, extreme calisthenics, or other similar activity;
  • Causing, coercing, or otherwise inducing another person to consume food, liquid, alcohol, drugs, or other substances;
  • Causing, coercing, or otherwise inducing another person to perform sexual acts;
  • Any activity that places another person in reasonable fear of bodily harm through the use of threatening words or conduct;
  • Any activity against another person that includes a criminal violation of local, State, Tribal, or Federal law; and
  • Any activity that induces, causes, or requires another person to perform a duty or task that involves a criminal violation of local, State, Tribal, or Federal law.

For the purposes of classifying hazing as a Clery crime, a Student Organization is defined as an organization at an institution of higher education [such as a club, society, association, varsity or junior varsity athletic team, club sports team, fraternity, sorority, band, or student government] in which two or more of the members are students enrolled at the institution of higher education, whether or not the organization is established or recognized by the institution.

The theft or attempted theft of a motor vehicle. (Automobiles taken by persons not having lawful access, even when the vehicles are later abandoned such as joy riding).

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

The killing of another person through gross negligence.

The taking or attempting to take anything of value from a person or persons by force or threat of force, violence, and/or causing the victim fear.

Any sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent. Include attempted Sexual Assaults, but do not include in your Clery Act statistics any Sexual Assaults other than the four types of Sexual Assaults described in this chapter.

• Rape: 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.
  • Also includes the following:  
    • Any gender of victim or perpetrator
    • Instances in which the victim is incapable of giving consent because of temporary or permanent mental or physical incapacity (including due to the influence of drugs or alcohol)
    • Physical resistance is not required on the part of the victim to demonstrate lack of consent.
      
      
• Fondling: The touching of private body parts of another person for the purpose of sexual gratification 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 because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
  
  
• Statutory rape: Sexual intercourse with a person who is under the statutory age of consent.
  
  
• Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Engaging in a course of conduct (two or more incidents) 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.

At least one incident would need to be on Clery reportable property to be classified for Clery purposes.

A criminal offense committed against a person or property which is motivated in whole or in part, by the offender’s bias.

Bias is a preformed negative opinion or attitude toward a group of persons based on their race, gender, religion, gender identity, disability, sexual orientation, national origin or ethnicity.

*For Clery reporting purposes, these criminal offenses are only reportable when motivated by hate and/or bias:

* Larceny: The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another.

* Vandalism: To willfully or maliciously destroy, injure, disfigure, or deface any public or private property, real or personal, without the consent of the owner or person having custody or control by cutting, tearing, breaking, marking, painting, drawing, covering with filth, or any other such means as may be specified by local 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.

* 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.

Weapon Law Violations: The violation of laws or ordinances dealing with weapon offenses such as: manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; furnishing deadly weapons to minors; aliens possessing deadly weapons; all attempts to commit any of the aforementioned.

Drug Abuse Violations: Violations of state and local laws relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs.

Liquor Law Violations: The violation of laws or ordinance prohibiting: the manufacture, sale, transporting, furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still; furnishing liquor to minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; and all attempts to commit any of the aforementioned violations. *Public Intoxication and DUI are not Clery reportable incidents

Clery doesn’t only define which crimes to report, it also defines which properties these incidents must occur on in order to be included in Clery statistics.

The above designated Clery crimes are only reportable if they occurred on one of three types of property:

1. On-campus:

• • University owned or controlled property within same reasonably continuous geographic area of institution
  • Frequently used by students
  • Student residence facilities, including university recognized sorority and fraternity housing, are considered a part of on-campus property but have their reporting category

1. Public Property:

• • Include streets, sidewalks, thoroughfares etc. within or immediately adjacent to campus

1. Non-Campus:

• • University owned or controlled not in the general geographic area of institution and used to support education purposes or by students

To view these specified locations for the LSUS campus, see the CLERY MAP.