Clery Crime Definitions
In accordance with the Clery Act, NYU reports on four distinct categories of crime in the Annual Security and Fire Safety Reports:
Murder/Manslaughter: The willful 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.
Burglary: The unlawful entry of a structure to commit a felony or a theft.
Motor Vehicle Theft: The theft or attempted theft of a motor vehicle.
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.
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.
Fondling: The touching of the private 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 his/her age or because of his/her temporary or permanent mental 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.
Affirmative Consent: a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Affirmative consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or, gender expression.
- Consent may be initially given, but withdrawn at any time. When consent is withdrawn or can no longer be given, sexual activity must cease. Prior consent does not imply current or future consent; consent to any sexual act or prior consensual sexual activity does not necessarily constitute consent to any other sexual act.
The Violence Against Women Act (VAWA) Offenses
Domestic violence includes felony or misdemeanor crimes of violence committed by—
- A current or former spouse or intimate partner of the reporting party;
- By a person with whom the reporting party shares a child in common;
- By a person who is cohabitating with or has cohabitated with the reporting party as a spouse;
- By a person similarly situated to a spouse of the reporting party under the domestic or family violence laws of the jurisdiction in which the crime occurred; or,
- By any other person against an adult or youth who is protected from that person’s acts under the domestic of family violence laws of the jurisdiction in which the crime occurred.
Dating violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate relationship with the victim.
Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress.
The commission of any of the above listed crimes and the additional crime categories listed below that manifest evidence the victim was chosen because of the perpetrator’s bias against the victim.
- Larceny/Theft: Includes, pocket picking, purse snatching, shoplifting, theft from building, theft from motor vehicle, theft of motor vehicle parts or accessories, and all other larceny.
- 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 or Property (except Arson): 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.
Categories of Prejudice
- Race – A preformed negative attitude toward a person or group of persons who possess common physical characteristics genetically transmitted by descent and heredity which distinguish them as a distinct division of humankind.
- Gender – A preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender, ex. male or female.
- Gender Identity – A preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender identity.
- Religion – A preformed negative opinion or attitude toward a person or 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.
- Sexual Orientation – A preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived sexual orientation. Sexual Orientation is the term for a person’s physical, romantic, and/or emotional attraction to members of the same and/or opposite sex, including lesbian, gay, bisexual, and heterosexual individuals.
- Ethnicity/national origin – A preformed negative opinion or attitude toward a person or group of persons of the same race or national origin who share common or similar traits, languages, customs and traditions.
- National Origin- A preformed negative opinion about a group of persons based upon them being from a particular country or part of the world.
- Disability – A preformed negative opinion or attitude toward a person or 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.
Arrests and Referrals for Disciplinary Action
- Weapons Law Violations
- Drug Abuse Violations
- Liquor Law Violations
* Violations of drug laws, liquor laws, and weapons laws are based on the laws of the local jurisdictions.