Clery Act Crimes & Definitions

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 the use of a weapon or by means likely to produce death or great bodily harm.

 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.

The unlawful entry of a structure to commit a felony or a theft. For reporting purposes this definition includes: unlawful entry with intent to commit a larceny or felony; breaking and entering with intent to commit a larceny; housebreaking; safecracking; and all attempts to commit any of the aforementioned. 

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. 

Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. 

The killing of another person through gross negligence. 

Motor Vehicle Theft: The theft or attempted theft of a motor vehicle. (Include all cases where automobiles are taken by persons not having lawful access even though the vehicles are later abandoned, including joyriding.) 

The willful (nonnegligent) killing of one human being by another. 

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.

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.

Sexual intercourse with a person who is under the statutory age of consent. 

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 violations of State and local laws, specifically those relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs.

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.

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.

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 it.

A Hate Crime is criminal offense that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim.  

Hate Crimes Bias Categories

Under the Clery Act, the possible bias categories are Race, Religion, Sexual Orientation, Gender, Gender Identity, Ethnicity, National Origin, Disability.

1. Race - A preformed negative attitude toward a group of persons who possess common physical characteristics (e.g. 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.
2. 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.
3. Sexual Orientation - A preformed negative opinion or attitude toward a group of persons based on their actual or perceived sexual orientation. Sexual Orientation is the term for a person’s physical, romantic, and/or emotional attraction to members of the same and/or opposite sex.
4. Gender - A preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender.
5. Gender Identity - A preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender identity (e.g. bias against transgender or gender non-conforming individuals).
6. Ethnicity - 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 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.
7. National Origin - A preformed negative opinion or attitude toward a group of people based on their actual or perceived country of birth.
8. Disability - A preformed negative opinion or attitude toward a group of persons based on their physical or mental impairments, whether such disability is temporary or permanent, congenital or acquired by heredity, accident, injury, advanced age or illness.

For Clery purposes, Hate Crimes include any of the following offenses that are motivated by bias:

1. Murder and Non-negligent Manslaughter, Sexual Assault (Sex Offenses), Robbery, Aggravated Assault, Burglary, Motor Vehicle Theft, Arson, Larceny-Theft, Simple Assault, Intimidation, Destruction/Damage/Vandalism of Property.
2. Larceny (Theft), Simple Assault, Intimidation, and Destruction/Damage/Vandalism of Property are included in Clery Act statistics only if it is committed as a hate crime (motivated by the perpetrator’s bias against the victim on the basis of race, religion, sexual orientation, gender, gender identity, ethnicity, national origin, and/or disability).

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.

The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. Attempted larcenies are included. Embezzlement, confidence games, forgery, worthless checks, etc., are excluded.

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. 

Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.

1. The existence of such a relationship shall be determined based on the reporting party's statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
2. For the purposes of this definition—
   1. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
   2. Dating violence does not include acts covered under the definition of domestic violence.
3. For the purposes of complying with the requirements of this section and § 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting. 

1. A felony or misdemeanor crime of violence committed—
   1. By a current or former spouse or intimate partner of the victim;
   2. By a person with whom the victim shares a child in common;
   3. By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
   4. By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or
   5. By any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
2. For the purposes of complying with the requirements of this section and § 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting. 

1. 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. 
2. Incest - Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. 
3. 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.
4. Statutory Rape - Sexual intercourse with a person who is under the statutory age of consent.

1. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to—
   1. Fear for the person's safety or the safety of others; or
   2. Suffer substantial emotional distress.
2. For the purposes of this definition—
   1. Course of conduct  means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person's property.
   2. Reasonable person  means a reasonable person under similar circumstances and with similar identities to the victim.
   3. Substantial emotional distress  means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
3. For the purposes of complying with the requirements of this section and section 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting. 

Georgia law does not provide a general statutory definition of “consent” in reference to sexual activity. Instead, consent is addressed through the specific elements of sexual offense statutes.

Georgia Tech’s Sexual Misconduct Policy defines “Consent” as words or actions that show a knowing and voluntary willingness to engage in mutually agreed-upon sexual activity.  Consent cannot be gained by force, intimidation or coercion; by ignoring or acting in spite of objections of another; or by taking advantage of the incapacitation of another where the respondent knows or reasonably should have known of such incapacitation.

Minors under the age of 16 cannot legally consent under Georgia law.  Consent is also absent when the activity in question exceeds the scope of consent previously given. Past consent does not imply present or future consent. Silence or an absence of resistance does not imply consent.  Consent can be withdrawn at any time by a Party by using clear words or actions. 

The Clery Act defines “sexual assault” broadly, so it covers several different Georgia criminal laws. 

Aggravated Sexual Battery, O.C.G.A. § 16-6-22.2(a)-(b) 

1. For the purposes of this Code section, the term “foreign object” means any article or instrument other than the sexual organ of a person.

2. A person commits the offense of aggravated sexual battery when he or she intentionally penetrates with a foreign object the sexual organ or anus of another person without the consent of that person. 

 Aggravated Sodomy, O.C.G.A. § 16-6-2(a)(2) 

Note: The Supreme Court of Georgia ruled in 1998 that the state cannot punish private, consensual sex between adults under the sodomy law, but kept the rules against forced acts or those involving anyone under ten years old. 

Child Molestation; Aggravated Child Molestation, O.C.G.A. § 16-6-4 (a)&(c) 

Incest, O.C.G.A. § 16-6-22(a) 

1. A person commits the offense of incest when such person engages in sexual intercourse or sodomy, as such term is defined in Code Section 16-6-2, with a person whom he or she knows he or she is related to by blood, by adoption, or by marriage as follows:

   1. Father and child or stepchild;

   2. Mother and child or stepchild; 

   3. Siblings of the whole blood or of the half blood or by virtue of adoption;

   4. Grandparent and grandchild of the whole blood or of the half blood or by virtue of adoption;

   5. Aunt and niece or nephew of the whole blood or of the half blood or by virtue of adoption; or

   6. Uncle and niece or nephew of the whole blood or of the half blood or by virtue of adoption. 

Rape, O.C.G.A. § 16-6-1(a) 

1. A person commits the offense of rape when he has carnal knowledge of:

   1. A female forcibly and against her will; or

   2. A female who is less than ten years of age. Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ. The fact that the person allegedly raped is the wife of the defendant shall not be a defense to a charge of rape. 

 Sexual Battery, O.C.G.A. § 16-6-22.1(a)-(b) 

1. For the purposes of this Code section, the term “intimate parts” means the primary genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female.

2. A person commits the offense of sexual battery when he or she intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person. 

 Statutory Rape, O.C.G.A. § 16-6-3(a)-(c) 

1. A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.

2. Except as provided in subsection (c) of this Code section, a person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than ten nor more than 20 years. Any person convicted under this subsection of the offense of statutory rape shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

3. If the victim is at least 14 but less than 16 years of age and the person convicted of statutory rape is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor.