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 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.

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 perosn -

  • Who is or has been in a social relationship of a romantic or intimate nature with the victim: and
  • Where the existence of such a relationship shall be determined based on a consideration of the following factors:
  •      The length of the relationship.
  •      The type of relationship; and
  •      The frequency of interaction between the persons involved in the relationship.

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:  The physical, sexual or psychological harm by a current or former partner or spouse. The term "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 who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, 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.

Hate Crimes: Any criminal offense committed against a person or property which is motivated, in whole or 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, disability, sexual orientation or ethnicity/national origin.

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: Any sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent.

      Rape - 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. 

      Sodomy - Oral or anal sexual intercourse with another person, 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 or physical incapacity. 

      Sexual Assault With An Object - The use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, 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 or physical incapacity.                               

      Fondling - 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 - Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. 

      Statutory Rape - Nonforcible sexual intercourse with a person who is under the statutory age of consent. 

            Such circumstances may include:

•·         Where the victim is prevented from resisting due to alcohol or drugs.

•·         Where the assailant uses physical force or the threat of force to overpower and control the victim.

•·         Where the victim fears that she or he or another will be injured if the victim does not submit.

•·         Where the victim is at the time unconscious of the nature of the act, and this is known to the assailant.

•·         Where the victim is incapable of giving legal consent because of his/her age or because of his/her temporary or permanent mental a mental or physical incapacity and this is known or reasonably should be known to the assailant.

•·         Where the act is accomplished by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another person.

•·         Where the assailant uses duress, such as a direct or implied threat of hardship or retribution, to coerce the victim.

•·         Where the assailant uses force, fear, or threats to accomplish sexual intercourse against the will of the spouse. This provision of the law is known as the "spousal rape law."]

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.

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.