CSAs who, in their professional capacity, learn of certain crimes must immediately report those crimes to the UC Davis Police Department. The police will review the crime report to determine if a crime alert should be sent to the campus, and will include the report in the crime statistics published as part of the Annual Security Report.
This guide provides definitions for the crimes that must be reported under the Clery Act. When in doubt, report the crime to the police and they will determine if it qualifies as a Clery crime based on the definitions.
- Murder and Non-negligent Manslaughter: the willful (non-negligent) killing of one human being by another.
Includes any death caused by injuries received in a fight, argument, quarrel, assault, or the commission of a crime.
- Manslaughter by Negligence: the killing of another person through gross negligence.
Includes any death that is caused by something that a reasonable and prudent person would not do.
- Sex Offenses—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. This offense includes both males and females.
- Sex Offenses—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 incapacity.
- Sex Offenses—Incest: sexual intercourse between persons who are related to each other within the degree wherein marriage is prohibited by law.
- Sex Offenses—Statutory Rape: sexual intercourse with a person who is under the statutory age of consent.
In California, the statutory age of consent is 18.
- 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.
The essential elements of a robbery are that it is committed in the presence of a victim (usually the owner or person having custody of the property); the victim is directly confronted by the perpetrator; the victim is threatened with force or put in fear that force will be used; involves a theft or larceny.
- Aggravated Assault: an unlawful attack by one person upon another person 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.
Include assaults or attempts to kill or murder; poisoning (including the use of date rape drugs); assault with a dangerous or deadly weapon; maiming, mayhem, assault with explosives; or assault with disease (i.e., when the offender is aware that he/she is infected with a deadly disease and deliberately attempts to inflict the disease by biting, spitting, etc.).
- Burglary: unlawful entry of a structure to commit a felony or theft.
- Motor Vehicle Theft: theft or attempted theft of a motor vehicle.
- Arson: any willful or malicious burning or attempt to burn, with or without attempt to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.
- Hate Crimes: a criminal offense that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim.
Categories of bias, for the purpose of the Clery Act, are limited to race, religion, sexual orientation, gender, gender identity, ethnicity, national origin, or disability.
In addition to the crimes defined above, the following crimes, when motivated by bias, must be reported as hate crimes:
- Larceny—Theft: the unlawful taking, carrying, leading or riding away or property from the possession or constructive possession of another.
- 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.
- Dating Violence: 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.
- Domestic Violence: a felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner 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 of intimate partner; 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; 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.
- Stalking: engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others; or suffer substantial emotional distress.