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Clery Reportable Crime Definitions

 

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.

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.

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.

Dating Violence:

The term “dating violence” means violence committed by a person:

  1. Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
  2. Where the existence of such a relationship shall be determined based on a consideration of the following factors:
  • The length of the relationship
  • The type of the relationship
  • The frequency of interaction between the persons involved in the relationship

Domestic Violence:

The term “domestic violence” includes felony or misdemeanor crimes of violence committed by a current or former spouse 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 receiving grant monies, or by 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.

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 co-habitating 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.

  1. Engages in a course of conduct or repeatedly commits acts which harass or intimidate the person and which serve no legitimate purpose.

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 anther 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.

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 therace, gender, gender identity, religion, disability, sexual orientation, ethnicity or national origin.

Motor Vehicle Theft -   is the theft or attempted theft of a motor vehicle.

Robbery – Wisconsin State Statute943.32 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.

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

Sexual Harassment - Wisconsin State Statute Section III.32 (13) defines sexual harassment as unwelcome sexual advances, unwelcome physical contact of a sexual nature or unwelcome verbal or physical conduct of a sexual nature. Unwelcome verbal or physical conduct of a sexual nature includes but is not limited to:

  1. The deliberate, repeated making of unsolicited gestures or comments, or the deliberate, repeated display of offensive sexually graphic materials which is not necessary for business purposes.

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.

4.Appearing at the victim’s workplace or contacting the victim’s employer or coworkers.

5.Appearing at the victim’s home or contacting the victim’s neighbors.

6.Entering property owned, leased, or occupied by the victim.

7.Contacting the victim by telephone or causing the victim’s telephone to ring repeatedly or continuously, regardless of whether a conversation ensues.

8.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.

9.Placing an object on or delivering an object to property owned, leased, or occupied by the victim.

10.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.

Causing a person to engage in any of the acts described above.

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