34 CFR Part 99
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Appendix A to Part 99 - Crimes of Violence Definitions
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.
Assault Offenses
An unlawful attack by one person upon another.
(NOTE: By definition there can be no "attempted" assaults, only "completed" assaults.)
(ii) Aggravated Assault
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. (It
is not necessary that injury result from an aggravated assault when a gun, knife,
or other weapon is used which could and probably would result in serious injury
if the crime were successfully completed.)
(b) Simple Assault
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.
(c) Intimidation
To unlawfully place another person in reasonable fear of bodily harm through the
use of threatening words or other conduct, or both, but without displaying a weapon
or subjecting the victim to actual physical attack.
(NOTE: This offense includes stalking.)
Burglary
The unlawful entry into a building or other structure with the intent to commit
a felony or a theft.
Criminal Homicide-Manslaughter by Negligence
The killing of another person through gross negligence.
Criminal Homicide-Murder and Nonnegligent Manslaughter
The willful (nonnegligent) killing of one human being by another.
Destruction/Damage/Vandalism of Property
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.
Kidnapping/Abduction
The unlawful seizure, transportation, or detention of a person, or any combination
of these actions, against his or her will, or of a minor without the consent of
his or her custodial parent(s) or legal guardian.
(NOTE: Kidnapping/Abduction includes hostage taking.)
Robbery
The taking of, or attempting to take, anything of value under confrontational
circumstances from the control, custody, or care of a person or persons by force
or threat of force or violence or by putting the victim in fear.
(NOTE: Carjackings are robbery offenses where a motor vehicle is taken through force or threat offorce.)
Sex Offences, Forcible
Any sexual act directed against another person, forcibly or against that person's
will, or both; or not forcibly or against the person's will where the victim is
incapable of giving consent.
(a)Forcible Rape (Except "Statutory Rape")
The carnal knowledge of a person, forcibly or against that person's will, or both;
or not forcibly or against the person's will where the victim is incapable of
giving consent because of his or her temporary or permanent mental or physical
incapacity (or because of his or her youth).
(b) Forcible Sodomy
Oral or anal sexual intercourse with another person, forcibly or against that
person's will, or both; or not forcibly or against the person's will where the
victim is incapable of giving consent because of his or her youth or because of
his or her temporary or permanent mental or physical incapacity.
(b) Sexual Assault With An Object
To use an object or instrument to unlawfully penetrate, however slightly, the
genital or anal opening of the body of another person, forcibly or against that
person's will, or both; or not forcibly or against the person's will where the
victim is incapable of giving consent because of his or her youth or because of
his or her temporary or permanent mental or physical incapacity.
(NOTE: An "object" or "instrument" is anything used by the offender other than the offender's genitalia. Examples are a finger, bottle, handgun, stick, etc..)
(d) Forcible Fondling.
The touching of the private body parts of another person for the purpose of sexual
gratification, forcibly or against that person's will, or both; or not forcibly
or against the person's will where the victim is incapable of giving consent because
of his or her youth or because of his or her temporary or permanent mental or
physical incapacity.
(NOTE: Forcible Fondling includes "Indecent Liberties" and "Child Molesting.")
Nonforcible Sex Offenses
(Except "Prostitution Offenses'') Unlawful, nonforcible sexual intercourse.
(a) Incest
Nonforcible sexual intercourse between persons who are related to each other within
the degrees wherein marriage is prohibited by law.
(b)Statutory Rape
Nonforcible sexual intercourse with a person who is under the statutory age of
consent.
(Authority: 20 U.S.C. 1232g(b)(6) and 18 U.S.C. 16)
[This is not an official version of the regulations. These regulations are codified in 34 CFR Part 99.]
[Updated March 2006.]
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