Clery Act Reportable Crimes

The Clery Act requires universities to report incidences of certain crimes in the ASR. The terms used by the Clery Act are broad and generic as the Clery Act cover all U.S. universities, colleges and institutes of higher education. At times, a particular state may not have an applicable law on record that matches the Clery Act reportable crimes list or the specific names mean something else in a different state. The next few sections of this report will help define the Clery Act reportable crimes and then the specific and applicable Mississippi statutes so you may better understand what is included in UMMC’s Annual Security Report.

Definition of Clery Act Reportable Crimes

• Murder/Non-Negligent Manslaughter –Defined as the willful (non-negligent) killing of one human being by another
• Manslaughter by Negligence –Defined as the killing of another person through gross negligence
• Rape-completed – 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
• Rape-Attempts to Commit Rape – Assaults or attempts to rape
• Fondling – Defined as the touching of the private parts of another person for the purposes 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 – Defined as non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law
• Statutory Rape – Defined as non-forcible sexual intercourse with a person who is under the statutory age of consent, which is 16 years of age in Mississippi. If the victim is between 14 and 16 years of age, the suspect must be older than 17 years of age and more than 36 months older than the victim. If the victim is under 14 years of age, the suspect can be of any age if they are more than 24 months older.
• Robbery –Defined as 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 – Defined as 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 or probably would result in a serious potential injury if the crime were successfully completed.
• Burglary – Unlawful entry of a structure in order to commit a felony or a theft. For the purpose of Clery, Burglaries from a vehicle are not included in the statistics.
• Motor Vehicle Theft – 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 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.
• Weapon Law Violations – The violation of laws or ordinances dealing with weapon offenses, regulatory in nature, such as the manufacture, sale or possession of deadly weapons; carrying deadly weapons, concealed or openly; furnishing deadly weapons to minors; aliens possessing deadly weapons; and 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. The relevant substances include opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana; synthetic narcotics (Demerol, methadones); and dangerous non-narcotic drugs (barbiturates, Benzedrine).
• Liquor Law Violations – The violation of laws 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; all attempts to commit any of the aforementioned (Drunkenness and driving under the influence are not included in this definition.)
• Domestic Violence – Includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person cohabitating with or who has cohabitated with the victim as a spouse or intimate partner, or 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.
• Dating Violence – Means violence committed by a person—(a) who is or has been in a social relationship of a romantic or intimate nature with the victim and (b) where the existence of such a relationship will be determined by the reporting party’s statement and based on the length and type of relationship as well as the frequency of interaction between the parties involved.
• Stalking – Means engaging in a course of conduct directed at a specific person that would cause a reasonable person to a) fear for their safety or the safety of others or b) suffer substantial emotional distress. This can include continued unwanted communication via text, call, email or even 3rd party, showing up at the complainant’s work, home, school or public areas they frequent, vandalism to the victim’s property and/or physical menace or injury.
• Hate Crimes – Includes all of the crimes listed below that manifest evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim based on one of the Categories of Prejudice listed below, plus the following crimes:
• Larceny/Theft – taking the property of another without their consent
• Simple Assault – causing minor injury to another through force
• Intimidation – place another in reasonable fear of bodily harm through the use of threats.
• Destruction/Damage/Vandalism to Property (except arson) – maliciously destroy, damage, deface the property of another 

Geography Definitions From the Clery Act

• On-Campus – On-campus is defined as (1) 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 (2) any building or property that is within or reasonably contiguous to the area identified in paragraph 1 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 retail vendor).
• Non-Campus Building or Property – A non-campus building or property is defined as (1) any building or property owned or controlled by a student organization that is officially recognized by the institution or (2) 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.
• Public Property – Public property is defined as all property, including thoroughfares, streets, sidewalks and parking facilities, that is within the campus or immediately adjacent to and accessible from the campus.