Appendix A to Part 99 - Crimes of Violence Definitions
34:1.1.1.1.33.7.121.1.10 : Appendix A
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.
(a) 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 of force.
Sex Offenses, 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.
(c) 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) [65 FR 41854,
July 6, 2000]