Clery Definitions

For Use By Campus Security Authorities To Report Criminal Statistics of Listed Offenses

UCCS Police Department Crime Statisics Report Form

The following offenses listed in bold must be reported to UCCS Police for inclusion in the annual report submitted to the Department of Education. A definition of each offense follows.

Crime Definitions From the Uniform Crime Reporting Handbook and Sex Offenses Definitions From the National Incident-Based Reporting System Edition of the Uniform Crime Reporting Program

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 and probably would result in serious personal injury if the crime were successfully completed.)

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.

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 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.

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

Criminal Homicide-Murder and Nonnegligent ManslaughterThe willful (nonnegligent) killing of one human being by another.

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 Definition) 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 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.

Domestic Violence (VAWA Definition):  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


Hate Crimes:  If any of the aforementioned crimes,or larceny-theft, simple assault, intimidation, and destruction,damage, or vandalism of property or any other crime involving bodily injury, that manifests evidence that the victim was intentionally selected because of the perpetrator's bias against the victim's actual or perceived race, gender,religion, sexual orientation, ethnicity/national origin, or disability, then the incident must be reported as a hate crime. NOTE: The form is used to compile accurate statistics of the listed criminal acts. Victims and witnesses are strongly urged to call the police to directly report the incident. In the event the victim/witness does not want to contact the police, please complete the form so that the listed offense can be included in C.U.'s annual statistical report. The form should not be completed if the victim/witness reports the incident to police.

  • 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 joyriding.)

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.

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.

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

(1)  Engaging in a course of conduct directed at a specific person that would cause a reasonable person to--

   (i)  Fear for the person's safety or the safety of others; or

   (ii)  Suffer substantial emotional distress.

(2)  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.

Weapon Law Violations: The violation of laws or ordinances dealing with weapon offenses, regulatory in nature, such as: 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 nonnarcotic drugs (barbituates, benzedrine).

Liquor Law Violations: The violation of laws or ordinances 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; and all attempts to commit any of the aforementioned. (Drunkenness and driving under the influence are not included in this definition.)