Jeanne Cleary Act

CRIME CODES AND DEFINITIONS

In compliance with the federal law and in an effort to promote the personal safety of the college community, the following information has been prepared for campus review.

Under the “Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.” MORGAN STATE UNIVERSITY must produce and distribute an annual report containing crime statistics and statements of security policy.

The following categories of crime for the campus, certain non-campus properties and certain public property areas that have been reported to local Police (Baltimore City Northeast District) and the MSU Police Department must be disclosed for the most recent 3 years. Homicide (murder and non-negligent manslaughter, negligent manslaughter,) sex offenses (forcible and non-forcible), robbery, aggravated assault, burglary, motor vehicle theft, arson.

I. Homicide

(i)

Manslaughter by negligence - The killing of another person through gross negligence.

(ii)

Murder and non-negligent manslaughter. The willful (non-negligent) killing of one human being by another.

II. Sex Offenses – Forcible

Any sexual act directed against another person, 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.

(i)

Forcible Rapes - The carnal knowledge of a person, 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 temporary or permanent mental or physical incapacity, or because of his/her youth.

(ii)

Forcible Sodomy - Oral or anal sexual intercourse with another person, forcibly and/or against that person's will; or not forcibly against the person's will where the victim’s incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

(iii)

Sexual Assault with an object - The use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, 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.

(iv)

Forcible Fondling - The touching of the 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 incapacity.

III. Sex Offenses - Non-Forcible

Unlawful, non-forcible sexual intercourse.

(i)

Incest - Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

(ii)

Statutory Rape - Non-forcible sexual intercourse with a person who is under the statutory age of consent.

IV. Robbery

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.

V. 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 resulting from an aggravated assault when a gun, knife, or other weapon is used which could and probably would result in serious physical injury if the crime were successfully completed.)

VI. Burglary

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.

V. Motor Vehicle Theft

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

The law also requires that colleges and universities provide statistics for the following categories of arrest or referrals for campus disciplinary action (if an arrest was not made).

Liquor law violation, drug law violation, and illegal weapons possession:

(i)

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

(ii)

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, but are not limited to: opium or cocaine; synthetic narcotics (Demerol, methadone); and dangerous non-narcotic drugs (barbiturates, Benzedrine).

(iii)

Liquor Law Violations - The violation of laws or ordinances prohibiting: the manufacture, sale, transporting, furnishing, possessing of intoxicating liquor, maintaining an unlawful drinking place; 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 (drunkenness and driving under the influence are not included in this definition).

VIII. HATE CRIMES

Hate crimes must also be reported by category of prejudice based on the following: race, gender, religion, sexual orientation, ethnicity, or disability. Crime statistics are also compiled concerning locations: on campus, non-campus building or property; public property; and dorms/ residential.

(i)

On-campus - Any building or property owned or controlled by an institution of higher education within the same reasonably contiguous geographic area of the institution and used by the institution in direct support of, or in a manner related to, the institution's educational purposes, including residence halls; and (i) Property within the same reasonably contiguous geographic area of the institution that is owned by the institution but controlled by another person, is used by students, and supports institutional purposes (such as a food or other retail vendor).

(ii)

On-Campus Building or Property- Any building or property owned or controlled by a student organization recognized by the institution; and any building or property (other than a branch campus) owned or controlled by an institution of higher education that is used in direct support of, or in relation, to the institution's educational purposes, is used by students, and is not within the same reasonably contiguous geographic area of the institution,

(iii)

Public Property - Means all public property that is within the same reasonably contiguous geographic area of the institution, such as a sidewalk, a street, other thoroughfare, or parking facility, and is adjacent to a facility owned or controlled by the institution or the facility is used by the institution in direct support of, or in a manner related to the institution's educational purposes.

For the purpose of paragraph "i" above, on campus is defined as all main travel corridors to and from the college and the perimeter around each of Morgan State’s buildings.