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Definitions specific to Eastern Washington University

10 Feb, 2015

Definitions of Categories

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.

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.

Burglary:  The unlawful entry of a building or dwelling with intent to commit a crime against a person or property therein.  This 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 at these offenses.

Dating Violence:  An act of 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 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.

[Dating violence is defined under Washington State law as a type of domestic violence.  The definition of family or household members under Washington law includes those who have been or are in a dating relationship.  A dating relationship is “is a social relationship of a romantic nature.” Factors that the court may consider in making this determination include: (a) The length of time the relationship has existed; (b) the nature of the relationship; and (c) the frequency of interaction between the parties.”  RCW 10.99.020(3), (4); 26.50.010(3), (6).]

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.

Disciplinary Referrals:  Individuals referred to Student Rights and Responsibilities (SRR) for liquor law, drug law and illegal weapons violations.  The numbers include incidents that are reported via EWUPD incident reports and reports provided directly to SRR from other members of the EWU community.

Domestic Violence:  A felony or misdemeanor crime of violence committed by a current spouse or intimate partner of the victim; a person with whom the victim shares a child in common; a person that is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; adult persons related by blood or marriage; adult persons who are presently residing together or who have resided together in the past; and persons who have a biological or legal parent-child relationship; 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 State of Washington or 34 U.S.C. 12291(a)(8).

[Under state law, the crime of domestic violence is defined in RCW 10.99.020(5) as including but not limited to any of the following crimes when committed by one family or household member against another family or household member, or one intimate partner against another intimate partner: (a) Assault in the first degree;  (b) Assault in the second degree; (c) Assault in the third degree; (d) Assault in the fourth degree; (e) Drive-by shooting; (f) Reckless endangerment);  (g) Coercion; (h) Burglary in the first degree;  (i) Burglary in the second degree; (j) Criminal trespass in the first degree; (k) Criminal trespass in the second degree; (l) Malicious mischief in the first degree; (m) Malicious mischief in the second degree; (n) Malicious mischief in the third degree; (o) Kidnapping in the first degree; (p) Kidnapping in the second degree; (q) Unlawful imprisonment; (r) Violation of the provisions of a restraining order, no-contact order, or protection order restraining or enjoining the person or restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location; (s) Rape in the first degree; (t) Rape in the second degree; (u) Residential burglary; (v) Stalking; and (w) Interference with the reporting of domestic violence.]

Drug Law Violation:  The violation of laws prohibiting the production, distribution and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use.  The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation or importation of any controlled drug or narcotic substance.  Arrests for violations of state and local laws, specifically those relating to the unlawful possession, sale, use, growing, manufacturing and making of narcotic drugs.  Possession of small amounts of marijuana by someone who is 21 or older is now permitted by state law and thus referrals for such possession, which is prohibited on campus, are not included in the statistics.

Fondling:  The touching of the private body parts of another person for the purpose of sexual gratification, without consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.

[In Washington State, a person is guilty of indecent liberties when he or she knowingly causes another person to have sexual contact with him or her or another as described in RCW 9A.44.100.]

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

[In Washington State a person is guilty of incest if he or she engages in sexual intercourse or sexual contact with a person whom he or she knows to be related to him or her, either legitimately or illegitimately, as an ancestor, descendant, brother or sister of either the whole or the half blood.]

Intimidation:  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 physical attack.

Larceny/Theft:  The unlawful taking, carrying, leading or riding away of property from the possession or constructive possession of another.  Attempted larcenies are included.

Liquor Law Violations:  The violation of state or local laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession or use of alcoholic beverages, not including driving under the influence and drunkenness.

Manslaughter by Negligence:  The killing of another person through gross negligence.

Motor Vehicle Theft:  The theft or attempted theft of a motor vehicle, including joyriding.

Murder/Non-Negligent Manslaughter:  The willful (non-negligent) killing of one human being by another.


Rape
:  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 consent of the victim.

[The Washington State definition of rape ( RCW 9A.44) is sexual intercourse (any penetration, however slight) of the vagina or anus or sexual contact between person involving the sex organs of one person and the mouth or anus of another, whether such persons are of the same or opposite sex where the victim did not consent to sexual intercourse or where there is threat of substantial unlawful harm to property rights of the victim.]

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.

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.

Stalking:  Engaging in a course of conduct directed at a specific person, including without limitation by means of following, monitoring, observing, surveilling, threatening or communicating to or about a person or interfering with a person’s property, that would cause a reasonable person to fear for the person’s safety or the safety or others or suffer significant mental suffering or anguish that may, but does not necessarily require, medical or other professional treatment or counseling.

[Per RCW 9A.46.110, a person commits the crime of stalking if, without lawful authority and under circumstances not amounting to a felony attempt of another crime he or she intentionally and repeatedly harasses or repeatedly follows another person; and the person being harassed or followed is placed in fear that the stalker intends to injure the person, another person, or property of the person or of another person. The feeling of fear must be one that a reasonable person in the same situation would experience under all the circumstances; and the stalker either intends to frighten, intimidate, or harass the person; or knows or reasonably should know that the person is afraid, intimidated, or harassed even if the stalker did not intend to place the person in fear or intimidate or harass the person.]

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

[In Washington State a person is guilty of Rape of Child  in the third degree when the person has sexual intercourse with another who is under the statutory age of consent as defined in RCW 9A.44.073, and 9A.44.076, 9A.44.079.]

Weapons Law Violations:  The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment or use of firearms, cutting instruments, explosives, incendiary devices or other deadly weapons.