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Criminal Offences

• What are the different types of Criminal Offenses?
  • Aggravated Assault: an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury.

  • • 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.

  • Arson: Any willful or malicious burning or attempt to burn a dwelling, house, public building, motor vehicle or aircraft, personal property, etc.
  • Burglary: The unlawful entry of a structure to commit a felony or a theft.
  • Motor Vehicle Theft: The theft or attempted theft of a motor vehicle. (Automobiles taken by persons not having lawful access, even when the vehicles are later abandoned such as joy riding).
  • Murder and Non-negligent Manslaughter: The willful (non-negligent) killing of one human being by another.
  • Manslaughter by Negligence: The killing of another person through gross negligence.
  • Robbery: The taking or attempting to take anything of value from a person or persons by force or threat of force, violence, and/or causing the victim fear.
  • Sexual Assault (Sex Offenses): Any sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent. Include attempted Sexual Assaults, but do not include in your Clery Act statistics any Sexual Assaults other than the four types of Sexual Assaults described in this chapter.
    • Rape: 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.
    • Fondling: The touching of private body parts of another person for the purpose of sexual gratification forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
    • Statutory rape: Sexual intercourse with a person who is under the statutory age of consent.
      • Statutory rape in Florida defines that it is illegal for a person of 24 years or older to engage in sexual activity with a minor who is 16 or 17 years old. Even if there was consent to the sexual act, according to the statutory rape law, the adult can be charged with a second-degree felony. s.794.05
    • Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
• What are Hate Crimes?

  Any of the above-mentioned offenses and any incidents of larceny-theft, simple assault, intimidation, or destruction/damage/vandalism of property that were motivated by hate and/or bias.

• What constitutes an arrestable offense or will trigger a referral?

  Weapon Law Violations: The violation of laws or ordinances dealing with weapon offenses such as: manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; furnishing deadly weapons to minors; aliens possessing deadly weapons; all attempts to commit any of the aforementioned.

  Drug Abuse Violations: Violations of state and local laws relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs. The relevant substances include: opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana; synthetic narcotics (Demerol, methadone); and dangerous non-narcotic drugs (barbiturates, Benzedrine).

  Liquor Law Violations: The violation of laws or ordinance prohibiting: the manufacture, sale, transporting, furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still; furnishing liquor to minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; and all attempts to commit any of the aforementioned violations. *Public Intoxication and DUI are not Clery reportable incidents

• What offences come under the Violence Against Women Act (VAWA)?

  Dating violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such relationship shall be determined based on consideration of the following factors:

  • Length of relationship;
  • The type of relationship; and
  • The frequency of the interaction between the persons involved in the relationship

  Domestic violence: A crime of violence committed by:

  • a current or former spouse or intimate partner of the victim;
  • a person with whom the victim shares a child in common;
  • a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;
  • a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies; or
  • 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.

  Stalking: Engaging in a course of conduct (two or more incidents) directed at a specific person that would cause a reasonable person to:

  • fear for his or her safety or the safety of others; or
  • suffer substantial emotional distress.