Clery Act Compliance (2006 Crime Stats)

Clery Act Compliance (2006 Crime Stats)

A T T E N T I O N 

TO:             All Vice-Presidents, Deans, Department Heads and Directors

FROM:      Gloria Adams, Staff Assistant

DATE:        February 16, 2007

RE:             Clery Act Compliance (2006 Crime Stats)

Please allow this letter to serve as an official request for the Crime Statistics for the calendar year of 2006. According to the federal law, "Student Right to Know" recently, renamed the "Clery Act", universities and colleges are required to report all crime statistics that occurred in/on campus property and on public property adjacent to the university. This information must be made available to all students and employees as well as the public.

The statistics requested are specifically for: 1.) Murder/Non-negligent 2.) Sex Offenses (forcible and non-forcible) 3.) Simple and Aggravated Assaults 4.) Robbery, 5.) Burglary, 6.) Motor Vehicle Thefts 7.) Larceny and 8.) Arson. The definitions of these offenses are listed below:

1. Criminal Homicide-Manslaughter by Negligence:

The killing of another person through gross negligence.

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

2. Sex Offenses-Forcible

Any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent.

A. Forcible Rape-The carnal knowledge of a person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity (or because of his/her youth).

B. Forcible Sodomy-Oral or anal sexual intercourse with another person, forcibly and/or against that person’s will; or not forcibly against the person’s will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

C. 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, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

D. Forcible Fondling-The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person’s will; or, not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental incapacity.

Sex Offenses-Nonforcible

Unlawful, nonforcible sexual intercourse.

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

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

3 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.)

4. 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.

5. 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; safe-cracking; and all attempts to commit any of the aforementioned.

6. 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.)

7. Larceny : – Illegal taking and carrying away of personal property belonging to another with the purpose of depriving the owner of its possession.

8. 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: 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 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.)

Please forward your report of information on the types of crimes described above that you believe may not have been reported to our police department but occurred between January 1, 2006 and December 31, 2006. Please send your response to my attention at the Department of Public safety on or before March 31, 2007. For your convenience please feel free to submit this information to via e-mail at gnadams@pvamu.edu.

Attached, you will find a confidential form for reporting sexual assault offenses (instructions for filling the form out are included). Please fill in the appropriate information and return it along with you other stats.  If you have any questions, please contact me at extension 1375.

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