30 2023 ANNUAL SECURITY REPORT aunt, nephew or niece, regardless of whether these are blood relationships. For example, it is incest if a father has sex with an adopted daughter even if they do not share any blood connection. The Clery Act defines incest as sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. Statutory Rape: The Clery Act defines statutory rape is defined as sexual intercourse with a person who is under the statutory age of consent. In Pennsylvania, the age of consent for sexual activity is 16. Minors under the age of 13 cannot consent to sexual activity. Minors aged 13- 15 years old cannot consent to sexual activity with anyone who is 4 or more years older than they are at the time of the activity. Minors aged 16 years of age or older can legally consent to sexual activity, as long as the other person does not have authority over them as defined in Pennsylvania’s institutional sexual assault statute. For the purposes of complying with the requirements of this section and section 668.41 of the Code of Federal Regulations, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting. Dating Violence: In Pennsylvania, domestic violence is not defined by Pennsylvania state statute. As defined in the Violence Against Women Act (VAWA) amendments to the Clery Act), Dating Violence includes any violence committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship; (ii) the type of relationship; and (iii) the frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of Domestic Violence. Domestic Violence: In Pennsylvania, domestic violence is not defined by Pennsylvania state statute and is not charged separately from a crime like assault, aggravated assault or battery. Under the Pennsylvania Protection From Abuse Act, however, “abuse” is defined as the occurrence of one or more of the following acts between family or household members, sexual or intimate partners or persons who share biological parenthood: 1) Intentionally, knowingly or recklessly causing or attempting to cause, with or without a deadly weapon, bodily injury, serious bodily injury, rape, involuntary deviate sexual intercourse, oral sex, anal sex, vaginal or anal penetration with a foreign object performed under force or the threat of force, or while unconscious, sexual assault, statutory sexual assault, aggravated indecent assault, indecent assault or incest with or without a deadly weapon. 2) Placing another in reasonable fear of imminent serious bodily injury. 3) The infliction of false imprisonment pursuant to 18 Pa.C.S. § 2903 (relating to false imprisonment). 4) Physically or sexually abusing minor children, 5) Knowingly engaging in a course of conduct or repeatedly committing acts toward another person, including following the person, without proper authority, under circumstances which place the person in reasonable fear of bodily injury. Domestic Violence, as defined in the VAWA amendments to the Clery Act, includes any violence committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the Complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the Complainant under Pennsylvania’s domestic or family violence laws or by any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of Pennsylvania. For the purposes of complying with the requirements of this section and section 668.41 of the Code of Federal Regulations, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting. Stalking: Under Pennsylvania law, stalking occurs when a person either: (1) engages in a course of conduct or repeatedly commits acts toward another person, including following the person without proper authority, under circumstances which demonstrate either an intent to place the other person in reasonable fear of bodily injury or to cause substantial emotional distress to the other person; or (2) engages in a course of conduct or repeatedly
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