9 2024 ANNUAL SECURITY REPORT Clery Act Crime Definitions/ Reportable Crimes The Clery Act requires all institutions to include four general categories of crime statistics in their Annual Security Reports. They include criminal offenses, hate crimes, VAWA offenses and arrests and referrals for disciplinary action for weapons law violations (carrying and/or possessing, etc.), drug abuse violations and liquor law violations. The University uses the following definitions of criminal offenses when classifying and counting crime statistics. CRIMINAL OFFENSES Criminal Offenses include criminal homicide (murder and non-negligent manslaughter, manslaughter by negligence), sexual assault (rape, fondling, incest and statutory rape), robbery, aggravated assault, burglary, motor vehicle theft, and arson. Criminal Homicide. Criminal Homicide offenses are separated into two categories: Murder and NonNegligent Manslaughter, and Manslaughter by Negligence. • 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. Sexual Assault (Sex Offenses): Any sexual act directed against another person without the consent of the victim, including instances where the victim is incapable of giving consent. The four types of Sexual Assault that must be reported in this Annual Security Report are: • 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. • 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. 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. 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. Aggravated Assault: An unlawful attack by one person upon another to inflict severe or aggravated bodily injury. This type of assault is usually accompanied by the use of a weapon or by means likely to produce death or great bodily harm. Burglary: The unlawful entry of a structure to commit a felony or a theft. Motor Vehicle Theft: The theft or attempted theft of a motor vehicle. 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. HATE CRIME OFFENSES Kutztown University strives to foster a safe and inclusive learning environment for its community members. While it records and reports all required Clery Act criminal offenses, the institution also reports Hate Crime statistics separated by prejudice category. All crimes that fit the definition of one of the aforementioned criminal offenses are included in the general statistics for each reporting year. Additionally, any incidents of larceny-theft, simple assault, intimidation and destruction/damage/ vandalism of property that are motivated by the offender’s bias are included. In other words, the criminal offense manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim.
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