APPENDIX B

Crime Definitions

As Per the Uniform Crime Reporting Handbook

Assault

           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. 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.

           Simple: 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.

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, etc.

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 a felony;
breaking and entering with intent to commit a larceny; housebreaking; safecracking; and all
attempts to commit any of the aforementioned.

Consent: CRS 18-3-410(1.5)  Consent means cooperation in act or attitude pursuant to an exercise of free will and with knowledge of the nature of the act. A current or previous relationship shall not be sufficient to constitute consent under the provisions of this part 4. Submission under the influence of fear shall not constitute consent. Nothing in this definition shall be construed to affect the admissiblity of evidence or the burden of proof in regard to the issue of consent under this part 4.

Consent for sexual activity is clear, knowing, voluntary, freely and actively given, mutually understandable words or actions which indicate a willingness to participate in mutually agreed upon sexual activity. Consent must be active; silence by itself cannot be interpreted as consent. Consent is not effectively given if it results from the use of actual or implied physical force, threats, intimidation, or coercion. In the absence of mutually understandable words or actions (a meeting of the minds on what is to be done, where, with whom, and in what way), it is the responsibility of the initiator, or the person who wants to engage in the specific sexual activity, to make sure that he or she has consent from the partner(s) at every stage of sexual interaction. Engaging in sexual activity with a person who you know to be incapacitated or reasonably should know to be incapacitated, due to illness, consumption of alcohol or drugs, is unconscious, etc., is a violation of this policy. Consent that is obtained through the use of fraud or force (actual or implied) whether that force is 1) physical force, 2) threats, 3) intimidation, or 4) coercion, is ineffective consent.

Dating Partner: The term dating partner refers to a person who is or has been in a social relationship of a romantic or intimate nature with the abuser, and where the existence of such a relationship shall be determined based on a consideration of -

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

Dating Violence (VAWA Defintion): The physical, sexual or psychological/emotional violence within a dating relationship. It can occur in person or electronically and may occur between a current or former dating partner. The term "dating violence" means [any] violence committed by a person -

(1)  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.

(2)  For the purpose of this definition-

       (i)  Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.

       (ii)  Dating violence does not include acts covered under the definition of domestic violence.

Since Colorado does not have a Dating Violence statute, the above definition from the Title 42 UCS, 13925 is being used for purposes of preparing this report.

Destruction/Damage/Vandalism of Property: 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.

Domestic Violence: 

1)  A felony or misdemeanor crime of violence committed--

      (i)  By a current or former spouse or intimate partner of the victim;

      (ii)  By a person with whom the victim shares a child in common;

      (iii)  By a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;

      (iv)  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,    or

      (v)  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.

CRS 18-6-800.3 Domestic violence is an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. "Domestic violence" also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.

 "Intimate relationship" means a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time. Intimate relationships can occur among heterosexual or same-sex couples and does not require sexual intimacy.

Intimate relationships violence includes:

Physical violence is the intentional use of physical force with the potential for causing death, disability, injury, or harm.

Sexual violence is the use of physical force to compel a person to engage in a sexual act against his or her will, whether or not the act is completed;

Attempted or completed sex act involving a person who is unable to understand the nature or condition of the act, to decline participation, or to communicate unwillingness to engage in the sexual act, e.g., because of illness, disability, or the influence of alcohol or other drugs, or because of intimidation or pressure; and abusive sexual contact.

Threats of physical or sexual violence use words, gestures, or weapons to communicate the intent to cause death, disability, injury, or physical harm.

Psychological/emotional violence involves trauma to the victim caused by acts, threats of acts, or coercive tactics.

 

Hate Crimes: A crime reported to local police agencies or to a campus security authority that manifests evidence that the victim was intentionally selected because of the perpetrator's bias against the victim.  For the purposes of this section, the categories of bias include the victim's actual or perceived race, religion, gender, gender identity, sexual orientation, ethnicity, national origin, and disability.

The Clery Act Categories of Bias:

      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 which distinguish them as a distinct division of humankind (e.g., Asians, blacks, whites).

      Gender: A preformed negative opinion or attitude toward a group of persons because those persons are male or female.

      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 sexual attraction toward, and responsiveness to, members of their own sex or members of the opposite sex (e.g., gays, lesbians, heterosexuals).

      Ethnicity/national origin: A preformed negative opinion or attitude toward a group of persons of the same race or national origin who share common or similar traits, languages, customs and traditions (e.g., Arabs, Hispanics).

      Disability: A preformed negative opinion or attitude toward a group of persons based on their physical or mental impairments/challenges, whether such disability is temporary or permanent, congenital or acquired by heredity, accident, injury, advanced age or illness.

In conjunction with the Clery Act, hate crimes include any of the offenses listed above and the offenses motivated by bias below:

      Larceny-Theft: The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. Attempted larcenies are included. Embezzlement, confidence games, forgery, worthless checks, etc., are excluded. 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: 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 of Property: 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.

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 joy riding).

Murder and Non-negligent Manslaughter: The willful (non-negligent) killing of one human
being by another.

Manslaughter by Negligence: The killing of another person through gross negligence.

Protection Order or Restraining Order: CRS 18-6-803.5 (a.5) (I) "Protection order" means any order that prohibits the restrained person from contacting, harassing, injuring, intimidating, molesting, threatening, or touching any protected person or protected animal, or from entering or remaining on premises, or from coming within a specified distance of a protected person or protected animal or premises or any other provision to protect the protected person or protected animal from imminent danger to life or health, that is issued by a court of this state or a municipal court.

The term ''protection order'' or ''restraining order'' includes-

(A) any injunction, restraining order, or any other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence or contact or communication with or physical proximity to, another person, including any temporary or final orders issued by civil or criminal courts whether obtained by filing an independent action or as a pendent lite order in another proceeding so long as any civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection; and

(B) any support, child custody or visitation provisions, orders, remedies, or relief issued as part of a protection order, restraining order, or stay away injunction pursuant to State, tribal, territorial, or local law authorizing the issuance of protection orders, restraining orders, or injunctions for the protection of victims of domestic violence, dating violence, sexual assault, or stalking.

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, violence, and/or causing the victim fear.

Sexual Offense:  See Appendix A. Sex Offense Definitions

Sexual Misconduct:  Sexual misconduct may include sexual assault, domestic violence, dating violence, physical sexual abusive behavior, intimate partner violence, stalking.

Stalking: (VAWA definition) The term "stalking" means engaging in a course of conduct, with intent to kill, injure, harass, intimidate, or place under surveillance, directed at a specific person that would cause a reasonable person to:

      •(A)  Fear for his or her safety or the safety of others, or

      •(B)   Suffer substantial emotional distress.

For the purpose of this definition--

        (i)  Course of conduct means two or more acts, including, but not limited to, acts in 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.

        (ii)  Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

        (iii)  Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.

CRS 18-3-602. 1) A person commits stalking if directly, or indirectly through another person, the person knowingly:
(a) Makes a credible threat to another person and, in connection with the threat, repeatedly follows, approaches, contacts, or places under surveillance that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship; or
(b) Makes a credible threat to another person and, in connection with the threat, repeatedly makes any form of communication with that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship, regardless of whether a conversation ensues; or
(c) Repeatedly follows, approaches, contacts, places under surveillance, or makes any form of communication with another person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship in a manner that would cause a reasonable person to suffer serious emotional distress and does cause that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship to suffer serious emotional distress. For purposes of this paragraph (c), a victim need not show that he or she received professional treatment or counseling to show that he or she suffered serious emotional distress.

 

Weapon Law Violations: 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.  

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, sale, use, growing, manufacturing, and making of narcotic drugs. 

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.