Definitions of Reportable Crimes
Below are the definitions of the categories of offenses defined by the Clery Act. Criminal Offenses, Hate Crimes, arrest and disciplinary referral statistics are based on definitions provided by the Federal Bureau of Investigation’s (FBI’s) Uniform Crime Reporting (UCR) Program. The definitions for the categories of Dating Violence, Domestic Violence and Stalking are provided by the Violence Against Women Act of 1994 and the Clery Act regulations.
Murder and non-negligent manslaughter are defined as the willful (non-negligent) killing of one human being by another.
Manslaughter by negligence is defined as the killing of another person through gross negligence.
Sexual Assault (Sex Offenses). Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.
- Rape is 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. This offense includes the rape of both males and females.
- Fondling is 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 his/her age or because of his/her temporary or permanent mental incapacity.
- Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Statutory rape is sexual intercourse with a person who is under the statutory age of consent.
Within Idaho law, there is not a specific definition of consent in reference to sexual activity; however, consent is addressed in Idaho Code § 18-6101 – Rape Defined and can be found under the section titles State Definitions.
Robbery is 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 is 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 a means likely to produce death or great bodily harm.
Burglary is the unlawful entry of a structure to commit a felony or a theft. For reporting purposes, this definition includes: offenses that are classified by local law enforcement agencies as Burglary; unlawful entry with intent to commit a larceny or a felony; breaking and entering with intent to commit a larceny; housebreaking; safecracking; and all attempts at these offenses.
Motor Vehicle Theft is the theft or attempted theft of a motor vehicle. Motor vehicle theft is classified as any case where an automobile is taken by persons not having lawful access, even if the vehicle is later abandoned, and also includes joy riding.
Arson is 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.
A Hate Crime is a criminal offense that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. Bias is a preformed negative opinion or attitude toward a group of persons based on their race, religion, sexual orientation, gender, gender identity, ethnicity, national origin or disability.
- Race: A preformed 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 that distinguish them as a distinct division of humankind, e.g., Asians, blacks, or African Americans, whites.
- Religion: A preformed 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.
- Sexual Orientation: A preformed negative opinion or attitude toward a 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.
- Gender: A preformed 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: A preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender identity, e.g., boas against transgender or gender non-conforming individuals. Gender non-conforming describes a person who does not conform to the gender-based expectations of society and may or may not be a lesbian, gay, bisexual, or transgender person but may be perceived as such.
- Ethnicity: A preformed 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 shared religion) and/or ideology that stresses common ancestry.
- National Origin: A preformed negative opinion or attitude toward a group of people based on their actual or perceived country of birth.
- Disability: A preformed 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.
For Clery Act reporting, Hate Crimes include any of the following offenses that are motivated by bias: murder and non-negligent manslaughter, sexual assault, robbery, aggravated assault, burglary, motor vehicle theft, arson, larceny-theft, simple assault, intimidation, and destruction/damage/vandalism of property. The offenses of larceny-theft, simple assault, intimidation, and destruction/damage/vandalism of property are only included in crime statistics if they are hate crimes and are defined below.
Larceny-Theft is 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.
Simple Assault is 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 is 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 of Property is 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.
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. For the purposes of this definition—
- Dating 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
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 cohabiting with, or has cohabited 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.
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 (2) 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
Arrests and Referrals for Weapons, Drug Abuse and Liquor Law Violations
ISU is required to disclose the number of arrests and the number of persons referred for disciplinary action for the law violations of: Weapons: Carrying, Possessing, etc.; Drug Abuse Violations; and Liquor Law Violations.
Liquor law 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. Include in this classification: the manufacture, sale, transporting, furnishing, possessing, etc., or intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still; furnishing alcohol to a minor or intemperate person; underage possession; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; and all attempts to commit any of the aforementioned activities.
Drug abuse 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. Arrests for violations of state and local laws, specifically those relating to the unlawful possession, distribution, sale, use, growing, manufacturing, and the making of narcotic drugs. The relevant substances include opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana; synthetic narcotics, manufactured narcotics which can cause true addiction (Demerol, Methadone); and dangerous non-narcotic drugs (barbiturates, Benzedrine).
Weapon law violations (carrying, possessing, etc.): 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. This classification encompasses weapon offenses that are regulatory in nature. The following are classified as Weapons violations: the manufacture, sale, or possession of deadly weapons; the carrying of deadly weapons, concealed or openly; the using, manufacturing, etc., of silencers; the furnishing of deadly weapons to minors; aliens possessing deadly weapons; and attempts to commit any of the aforementioned.
Referred 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. Includes those individuals referred to the Division of Student Affairs and Human Resources for alcohol law, drug law, and illegal weapons violations. The numbers include incidents that are reported via Public Safety incident reports and reports provided directly to Student Affairs and Human Resources from other members of the ISU community.
Arrest: Persons processed by arrest, citation or summons.