Clery Reportable Crimes - Primary Crimes
The following definitions come from a variety of sources, including the Department of Education’s Handbook for Campus Safety and Security Reporting, and definitions of domestic violence, dating violence, and stalking are adapted from the amendments made to the Violence Against Women Reauthorization Act of 2019.
A. Murder and Nonnegligent Manslaughter:
The willful (non-negligent) killing of one human being by another.
B. Manslaughter by Negligence:
The killing of another person through gross negligence.
An offense that meets the definition of rape, fondling, incest or statutory rape as used in the FBI’s Uniform Crime Reporting system. A sex offense is any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.
A. 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, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity. This offense includes the rape of both males and females.
B. 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 or physical incapacity.
C. Incest:
Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
D. Statutory Rape:
Sexual intercourse with a person who is under the statutory age of consent.
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 putting the victim in fear.
An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by 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 which could or probably would result in a serious potential injury if the crime were successfully completed.
The unlawful entry of a structure to commit a felony or a theft; includes unlawful entry with intent to commit a larceny or felony; breaking and entering with intent to commit a larceny; housebreaking, safecracking, all attempts to commit any of the aforementioned.
The theft or attempted theft of a motor vehicle. (All cases where automobiles are taken by persons not having lawful access even though the vehicles are later abandoned—including joy riding are to be classified as motor vehicle thefts).
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, etc.
Hate Crimes and Biases
TAMIU strives to foster a safe and healthy learning environment that embodies diversity and inclusion of all members of the combined TAMIU community. The hate crime statistics are separated by category of prejudice. The numbers for most of the specific crime categories are part of the overall statistics reported for each year. The only exceptions to this are the addition of larceny theft, simple assault, intimidation, and any vandalism. If a hate crime occurs where there is an incident involving intimidation, vandalism, larceny, simple assault, or other bodily injury, the law requires that the statistic be reported as a hate crime.
Note: A hate-related crime is not a separate, distinct crime, but is the commission of a criminal offense, which was motivated by the offender’s bias. For example, a subject assaults a victim, which is a crime. If the facts of the case indicate that the offender was motivated to commit the offense because of his/her bias against the victim’s race, sexual orientation, gender, religion, ethnicity, national origin, gender identity, or disability, the assault is then also classified as a hate crime.
The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another.
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.
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.
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 the subject’s property.
The Biases
Any of the aforementioned offenses (except for manslaughter by negligence), and any other crime reported to local police agencies or to a CSA that is a criminal offense and manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim.
A preformed negative opinion or attitude toward a group of persons based on their physical or mental impairments/challenges, whether such disability is temporary or permanent, congenital or acquired by heredity, accident, injury, advanced age or illness.
A preformed negative opinion or attitude toward a group of people whose members identify with each other, through a common heritage, often consisting of a common language, common culture (often including a shared religion) and/or ideology that stresses common ancestry. The concept of ethnicity differs from the closely related term race in that “race” refers to grouping based mostly upon biological criteria, while “ethnicity” also encompasses additional cultural factors.
A preformed negative opinion or attitude toward a person or a group of persons based on their actual or perceived gender (e.g.,male or female).
A preformed negative opinion or attitude toward a person (or group of persons) because the person’s internal sense of being male, female, or a combination of both may be different from the gender assigned at birth—(e.g., bias against transgender or gender non- conforming individuals).
A preformed negative opinion or attitude toward a group of persons based on their actual or perceived country of birth.
A preformed negative attitude toward a group of persons who possess common physical characteristics. For example, someone’s 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. Whites, African Americans, Asians, etc.).
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, Atheists, Jews, etc.).
A preformed negative opinion or attitude toward a group of persons based on their sexual attraction toward, and responsiveness to, members of their own sex or members of the opposite sex.