Statutory Rape Statutory Rape is defined as sexual intercourse with a person who is under the statutory age of consent. Robbery Robbery is defined as 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 Aggravated Assault is defined as 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 Burglary is define as the unlawful entry of a structure to commit a felony or a theft. Motor Vehicle Theft Motor Vehicle Theft is defined as the theft or attempted theft of a motor vehicle. Arson Arson is defined as 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. For purposes of the annual statistical disclosure, hate crimes include any Clery-reportable criminal offense (listed above) and the following additional offenses: Larceny-Theft Larceny-Theft is defined as the unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. Constructive possession is when a person does not have physical custody or possession but is in a position to exercise dominion or control over a thing. 9 Simple Assault Simple Assault is defined as the 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 Intimidation is defined as unlawfully placing 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 or Vandalism of Property Destruction, Damage or Vandalism of Property is defined as willfully or maliciously destroying, damaging, defacing, or otherwise injuring real or personal property without the owner's consent or the person having custody or control over it. Definition and Types of Bias Bias is a preformed negative opinion or attitude toward a group of persons based on race, gender, religion, disability, sexual orientation, gender identity, ethnicity or national origin. A hate or bias-related crime is the commission of a criminal offense that was motivated by the offender’s bias, not a separate and distinct crime. For instance, an actor commits arson, which is a crime. If the facts of the case indicate that the offender was motivated to commit arson because of their bias against the victim’s race, gender, religion, disability, sexual orientation, gender identity, ethnicity, or national origin, the assault is then also classified as a hate/bias crime. As another example, if a Hate Crime occurs where there is an incident involving intimidation, the law requires that the statistic be reported as a hate crime even though there is no requirement to report the crime classification in any other area of this compliance document. Race. A preformed negative attitude toward a group of persons who possess common physical characteristics (e.g., the 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 based on their actual or perceived gender (e.g., 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).
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