Clery Reportable Crime Definitions in Wisconsin

Jeanne Clery Act Crime Definitions for the Milwaukee Campus

These definitions are based on the Wisconsin State Statutes 

Arson – 943.02 of the Wisconsin State Statutes prohibits an acts of arson. Arson occurs when by means of fire, intentionally damages any:

 

1. Building of another without the other’s consent; or
2. Building with intent to defraud an insurer of that building; or
3. By means of explosives, intentionally damages any property of another without the other’s consent.

Uniform Crime Reporting Definition – 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..

 

Burglary – 943.10 of the Wisconsin State Statutes prohibits acts of burglary. A crime is considered a burglary if the following instances occur.

 

1. Evidence of unlawful entry (forcible and unlawful), unlawful entry must take place in a structure, and the entry must show evidence that there was intent to commit theft or felony.

Uniform Crime Reporting Definition – is the unlawful entry of a structure to commit a felony or a theft.

 

Battery & Aggravated Assault – Section 940.19 of the Wisconsin State Statutes prohibits battery; substantial battery; and aggravated battery. Battery and aggravated assault occurs when a person engages in any of the following:

1. Causes bodily harm to another by an act done with intent to cause bodily harm to that person or another without the consent of the person so harmed is guilty of a Class A misdemeanor.
2. Causes substantial bodily harm to another by an act done with intent to cause bodily harm to that person or another is guilty of a Class I felony.
3. Causes substantial bodily harm to another by an act done with intent to cause substantial bodily harm to that person or another is guilty of a Class D felony.
4. Causes great bodily harm to another by an act done with intent to cause bodily harm to that person or another is guilty of a Class H felony.
5. Causes great bodily harm to another by an act done with intent to cause great bodily harm to that person or another is guilty of a Class E felony.

Uniform Crime Reporting Definition – Aggravated Assault is 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.

 

Simple Assault – is 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.

 

Destruction/Damage/Vandalism of Property – is 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.

 

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. 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. Dating Violence includes but is not limited to, sexual or physical abuse or the threat of such abuse. Dating Violence does not include acts covered under the definition of domestic violence.

 

Domestic Violence – a felony or misdemeanor crime of violence committed –

 

• By a current or former spouse or intimate partner of the victim;
• By a person with whom the victim shares a child in common;
• By a person who is cohabitating with or has cohabitated with the victim as a spouse;
• 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;
• 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.

 

Dating/Domestic Violence may violate any of the following Wisconsin statutes:

Disorderly Conduct – Section 947.01 prohibits disorderly conduct. Disorderly Conduct occurs when a person engages in activity whether in public or private which includes:

 

1. Violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance.

Domestic Abuse – Section 813.12 (1) (am) prohibits domestic abuse. Domestic abuse occurs when a person commits the following on an intimate or cohabitating partner, a caregiver, a former partner, or a person with whom the person has a child in common:

 

1. Intentionally inflicts or threatens to inflict physical pain, physical injury, illness, or impairment of physical condition; damage to personal property; or sexual contact or sexual intercourse without consent.

 

Harassment – Section 947.013 prohibits harassment. Harassment occurs when a person engages in a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including:

 

1. Strikes, shoves, kicks, or otherwise subjects the person to physical contact or attempts or threatens to do the same.
   2. Engages in a course of conduct or repeatedly commits acts which harass or intimidate the person and which serve no legitimate purpose.

Hate Crime – 939.645 of the Wisconsin State Statutes prohibits committing a crime where a person intentionally selects the person against whom the crime under par. (a) is committed or selects the property that is damaged or otherwise affected by the crime under par. (a) in whole or in part because of the actor's belief or perception regarding the race, gender, gender identity, religion, disability, sexual orientation, ethnicity or national origin.

 

Uniform Crime Reporting Definition – a criminal offense that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim.

 

Criminal Homicide – Wisconsin Statute 940.01 – 940.10 prohibits causing the death of person with intent to kill that person or another, through the utter disregard for human life, while committing another crime, through the intoxicated use of a firearm or vehicle, through reckless actions and negligent control of a vicious animal.

 

Uniform Crime Reporting Definition - Manslaughter and Non-Negligent Manslaughter – is the willful (non-negligent) killing of one human being by another.

 

Uniform Crime Reporting Definition - Manslaughter by Negligence – is the killing of another person through gross negligence.

 

Uniform Crime Reporting Definition - Motor Vehicle Theft -   is the theft or attempted theft of a motor vehicle. If force or threat of force or violence is used; this is classified as a robbery.

 

Intimidation – is 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.

 

Larceny-Theft – is the unlawful taking, carrying, leading or riding away of property from the possession or constructive possession of another. Constructive possession is the condition in which a person does not have physical custody or possession, but is in a position to exercise dominion or control over a thing.

 

Robbery – Wisconsin State Statute 943.32 prohibits robbery. Robbery occurs when a person has: intent to steal, takes property from the person or presence of the owner by either of the following means is guilty of a Class E felony:

1. By using force against the person of the owner with intent thereby to overcome his or her physical resistance or physical power of resistance to the taking or carrying away of the property; or
2. By threatening the imminent use of force against the person of the owner or of another who is present with intent thereby to compel the owner to acquiesce in the taking or carrying away of the property.
3. Whoever violates sub. (1) by use or threat of use of a dangerous weapon, a device or container described under s. 941.26 (4) (a) or any article used or fashioned in a manner to lead the victim reasonably to believe that it is a dangerous weapon or such a device or container is guilty of a Class C felony.

 

Uniform Crime Reporting Definition – Robbery is 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 Assault – Wisconsin Statute 940.225 prohibits four degrees of sexual assault. The degrees are based upon the amount of force used by the assailant and the amount of harm done to the victim. All degrees are felonies except for fourth degree sexual assault which is a misdemeanor.

 

1. First Degree Sexual Assault includes sexual intercourse or sexual contact without consent:
   1. Which causes pregnancy or inflicts great bodily harm, or
   2. Accomplished by using or threatening to use a dangerous weapon, or
   3. While aided by one or more persons

 

2. Second Degree Sexual Assault includes sexual intercourse or sexual contact without consent:
   1. Through the use or threat of violence, or
   2. Which causes injury, including illness, disease or impairment of a sexual or reproductive organ, or mental anguish requiring psychiatric care, or
   3. With a person known by the perpetrator to be unconscious or mentally ill or mentally deficient.

 

3. Third Degree Sexual Assault is having sexual intercourse with a person without that person’s consent.

 

4. Fourth Degree Sexual Assault is having sexual contact with a person without that person’s consent.

Uniform Crime Reporting Definitions:

Rape – is 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.

 

This offense includes the rape of both males and females.

 

Fondling – is the intentional touching of the clothed or unclothed body parts, without consent, of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation; or the forced touching by the victim of the other individual’s clothed or unclothed body parts, without the consent of the victim, for the purpose of sexual degradation, sexual gratification, or sexual humiliation. This includes instances where the victim is incapable of giving consent because of age or incapacity due to the temporary or permanent mental or physical impairment or intoxication for the purpose of sexual degradation, sexual gratification, or sexual humiliation.

 

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

 

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

 

Stalking - The Wisconsin State Statute Section 940.32 prohibits stalking. Stalking is a “course of conduct” 2 or more acts carried out over time, however short or long, that show a continuity of purpose, including any of the following:

 

1. Maintaining a visual or physical proximity to the victim.

 

2. Approaching or confronting the victim.
3. Appearing at the victim’s workplace or contacting the victim’s employer or coworkers.
4. Appearing at the victim’s home or contacting the victim’s neighbors.
5. Entering property owned, leased, or occupied by the victim.
6. Contacting the victim by telephone or causing the victim’s telephone to ring repeatedly or continuously, regardless of whether a conversation ensues.
7. Sending material by any means to the victim or, for the purpose of obtaining information about, disseminating information about, or communicating with the victim to a member of the victim’s family or household or an employer, coworker, or friend of the victim.
8. Placing an object on or delivering an object to property owned, leased, or occupied by the victim.
9. Delivering an object to a member of the victim’s family or household or an employer, coworker, or friend of the victim or placing an object on, or delivering an object to, property owned, leased, or occupied by such a person with the intent that the object be delivered to the victim.
10. Causing a person to engage in any of the acts described above.

 

 

Uniform Crime Reporting Definition – engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

 

• Fear for the person’s safety or the safety of others; or
• Suffer substantial emotional distress

 

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.

 

Reasonable person – means a reasonable person under similar circumstances and with similar identities to the victim.

 

Substantial emotional distress – means significant mental suffering or anguish that may, but does not necessarily require medical or other professional treatment or counseling.

 

Arrests and Disciplinary Referrals for Violation of Weapons, Drug Abuse, and Liquor Laws:

 

Arrest - for Clery Act purposes is defined as persons processed by arrest, citation, or summons.

 

Referred for disciplinary action – is the referral of any person to any official who initiates a disciplinary action of which a record is established and which may result in the imposition of a sanction.

 

Rights of Victims and Witnesses of Crime:

 

Chapter 950 of the Wisconsin Statutes provides rights to any victim or witness who pursues prosecution or assists law enforcement and other prosecuting agencies. A victim is eligible under these rights as long as they report the crime within five days of its occurrence or discovery unless he or she has a reasonable excuse not to do so.