Clery Crimes

What is Considered a Clery Act Crime?

Aggravated Assault: an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. 

• 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.

Domestic Violence/Dating Violence: An act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.  Includes any other crime 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. 

For these purposes “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. (C.R.S. 18-6-800.3) 

Although Colorado does not have specific Dating Violence laws, this would be captured under Domestic Violence and includes persons who are or have been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such relationship shall be determined based on consideration of the following factors: 

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

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

• Rape: 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.
• Fondling: The touching of private body parts of another person for the purpose of sexual gratification, without consent of the victim. 
• Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. 
• Statutory rape: Sexual intercourse with a person who is under the statutory age of consent.
• Sex Offense definitions include: 
  • Any gender of victim or perpetrator
  • Instances in which the victim is incapable of giving consent because of temporary or permanent mental or physical incapacity (including due to the influence of drugs or alcohol)
  • Physical resistance is not required on the part of the victim to demonstrate lack of consent.

Stalking: Engaging in a course of conduct (two or more incidents) directed at a specific person that would cause a reasonable person to: 

• fear for his or her safety or the safety of others; or
• suffer substantial emotional distress.

At least one incident would need to be on Clery reportable property to be classified for Clery purposes.

Hate Crimes: A criminal offense committed against a person or property which is motivated in whole or in part, by the offender’s bias. 

Although there are many possible categories of bias, for the purposes of the Clery Act, bias is a pre-formed negative opinion or attitude toward a group of persons based on their race, religion, sexual orientation, gender, gender identity, ethnicity, national origin or disability. 

For Clery reporting purposes, these criminal offenses are only reportable when motivated by hate and/or bias: 

• Larceny-Theft: The unlawful taking, carrying, leading, or riding away of 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 person having custody or control of it.

Arrests/Referrals: Violations of the following that result in arrests or referrals must be reported when they occur on Clery Act Geography. 

• Weapons 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 violation 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.