Code | Offense, Definition, and Inclusions/Exclusions | |
1 | ACTS LEADING TO DEATH OR INTENDING TO CAUSE DEATH | |
1.1 |
Murder and intentional homicide
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1Serious bodily injury includes but is not limited to: wounds by gunshot/bullet, stabbing/knife, or blunt force trauma; broken bones, severely damaged or severed limbs; dislodged teeth; internal injuries; being knocked unconscious; and other severe or critical injuries. Correspondingly, serious physical force is force sufficient to inflict such serious bodily injury, serious assault is assault that results in serious bodily injury, and so forth.
2Reckless indifference to life is evidenced through committing an act with the knowledge that it is probable that death or serious injury would occur.
3Murder includes such intentional deaths committed with premeditation and/or with malice aforethought.
4Voluntary manslaughter is unlawful death inflicted upon a person with the intent to cause death or serious injury but under circumstances of diminished legal responsibility; hence, it includes deaths that would constitute murder save that they occur as a result of a sudden heat of passion caused by some legally recognized provocation.
5Honor crime/violence is violence against a person by one or more of their relatives (or other closely associated persons), under the pretense of avenging a perceived dishonor or shame brought upon the family (or religious/cultural group) or of restoring such honor. Commonly—but not exclusively—the perceived transgression is sexual in nature (e.g., adultery or pregnancy outside marriage).
6Felony murder, or criminal homicide in some statutes, is the killing of another person during the commission or attempted commission of another serious crime, or during immediate flight from such crime or attempt; it includes the deaths of occupants, firefighters, or public safety officers resulting from arson or intentional explosion.
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1.2 |
Nonintentional homicide
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1.2.1 |
Nonnegligent8 manslaughter
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1.2.2 |
Negligent manslaughter
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7Death due to legal interventions is death inflicted through the lawful use of force by law enforcement agents (including the police, correctional authorities, and military on duty) in the course of arresting or attempting to arrest lawbreakers, suppressing disturbances, maintaining order, and other legal action when the use of force is necessary to protect life.
8Negligence is, under a particular set of circumstances involving care toward others, either the failure to take the action that a reasonable or prudent person would do or the taking of an action that such a reasonable person would not do.
9A reckless act is one taken without thinking or caring about the consequences of the act.
1.2.2.1 |
Vehicular manslaughter
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1.2.2.2 |
Nonvehicular manslaughter
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1.3 |
Assisting or instigating suicide Unlawful acts intentionally facilitating suicide of a person |
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1.3.1 |
Unlawful11 assisted suicide Unlawful facilitation of the intentional death of a person who wishes to die by providing the knowledge or means (or both) to accomplish the death or by assisting the death, but under circumstances in which the actual death is self-inflicted by the dying person
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1.3.2 |
Other acts leading to death by suicide |
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10A vehicle is any device or structure used to transport or convey persons or things; it can include a car, motorcycle, truck, bus, train, boat, aircraft, bicycle, tractor, construction equipment, etc.
11In most cases in this classification, we omit the term “unlawful” in the name of the offense, though we commonly use it in these detailed definitions in order to explicitly acknowledge that the underlying behavior may not be deemed criminal in all states and jurisdictions. However, we think it appropriate to include “unlawful” in the title of those offenses involving death but that vary by statute and legal authority.
Acts leading to suicide not described above
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1.4 |
Unlawful euthanasia Unlawful death inflicted on a person by another person (with or without consent of the dying person) with the intent of painlessly putting to death, thereby either relieving intractable suffering or preempting death by natural causes (as in cases of terminal illness or irreversible coma)
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1.5 |
Unlawful feticide Unlawful death of a fetus intentionally procured or conducted by a person
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12Forced abortion is performing an abortion on a woman without her prior and informed consent; performing surgery which has the purpose or effect of terminating a woman’s capacity to naturally reproduce without her prior and informed consent or understanding of procedure
1.6 |
Unlawful killing associated with armed conflict Unlawful killing in a situation of armed conflict not amounting to a war crime
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1.7 |
Other unlawful acts leading to death Acts leading to the death of a person by another person that are not described in the previous categories |
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2 | ACTS CAUSING HARM OR INTENDING TO CAUSE HARM TO THE PERSON | |
2.1 |
Assault Intentional or reckless application of physical force inflicted upon the body of a person
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2.1.1 |
Serious assault involving shooting or discharge of a firearm Intentional or reckless wounding of a person by gunshot, resulting in serious bodily injury
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2.1.2 |
Serious assault by means other than discharge of a firearm Intentional or reckless application of serious physical force (but not the discharge of a firearm) inflicted upon the body of a person, resulting in serious bodily injury
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2.1.3 |
Minor assault13 Intentional or reckless application of minor physical force inflicted upon the body of a person resulting in no injury or minor bodily injury
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2.2 |
Threat Any type of intentional behavior against a person, not part of the attempt or completion of some other defined crime, that causes fear of injury or harm, if it is believed that the injury or harm could be enacted
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2.2.1 |
Serious threat through shooting or discharge of a firearm Unlawful threat involving the discharge of a firearm, signaling the intent to cause death, serious physical harm, or severe emotional distress
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13Minor bodily injury includes, but is not limited to: bruises, scratches, swelling, and blackened eyes; cutting wounds that require only minor medical treatment; chipped teeth; and other such injuries. Accordingly, minor physical force is force sufficient to inflict such minor bodily injury (but not exceeding that level), minor assault is assault that results in (at most) minor bodily injury, and so forth.
2.2.2 |
Serious threat through the display or pointing of a firearm Unlawful threat involving the deliberate pointing or aiming of a firearm at another person, signaling intent to cause death, serious physical harm, or severe emotional distress, but without the discharge of the firearm
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2.2.3 |
Serious threat by means other than firearm Unlawful threat signaling intent to cause death or serious harm not involving the use or display of a firearm
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2.2.4 |
Minor threat Threat with the intention to cause minor harm
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2.2.5 |
Other acts causing or threatening injury or harm Acts causing harm or threat to cause harm not described in earlier categories
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2.3 |
Acts against liberty15 |
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14Menacing is putting another person in fear of serious bodily injury through the display of a deadly weapon (or any instrument used or positioned such that the victim has reason to believe that it is a deadly weapon) or through overtly communicating that one is armed with a deadly weapon; see, e.g., Colorado Revised Statutes (2014) § 18-3-206.
15Individual or personal liberty is the freedom to do or move as one pleases, limited only by applicable laws and regulations. Liberty is more formally defined by the United Nations’ Universal Declaration of Human Rights as freedom in the public sphere and freedom from captivity, oppression, or despotic rule.
Deprivation or limitation of the movement or liberty of a person |
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2.3.1 |
Abduction of a minor16 Act of taking away, concealing, or detaining a minor from his or her legal guardian or custodial parent, not amounting to kidnapping (i.e., not to demand a ransom or reward in return for liberation)
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2.3.1.1 |
Parental abduction Abduction of a minor by a parent who does not have exclusive custody
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2.3.1.2 |
Abduction by a family member Abduction of a minor by another family member who does not have exclusive custody |
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2.3.1.3 |
Abduction by a legal guardian Abduction of a minor by a legal guardian who is not a family member and does not have exclusive custody |
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2.3.1.4 |
Abduction by another person Abduction of a minor by a person not described in previous categories
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2.3.2 |
Kidnapping for ransom Unlawful detainment and taking away of a person or persons against their will (including through the use of force, threat, fraud, or enticement) for the purpose of demanding for their liberation an illicit gain, any other economic gain or other material benefit, or in order to oblige someone to do or not to do something |
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16We do not propose a fixed standard as to what age constitutes being a minor or juvenile relative to being an adult, and instead defer to the statute at work in individual jurisdictions.
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2.3.3 |
Illegal restraint Unlawful detainment of a person or persons against their will (including through the use of force, threat, fraud, or enticement)
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2.3.4 |
Hijacking Unlawful seizure of a vehicle, together with its operator or occupants, through the use of force or threat of force
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2.3.5 |
Illegal adoption Unlawful adoption of a child, or the Unlawful arrangement, facilitation, or control of a child for the purposes of adoption
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2.3.6 |
Forced marriage Marriage without valid consent or with consent as a result of intimidation, force, fraud, coercion, threat, or deception, or through the use of drugs or alcohol, or the abuse of either power or a position of vulnerability
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2.3.7 |
Other deprivation of liberty or acts against liberty Other deprivation of liberty or acts against liberty not described in preceding categories |
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2.4 |
Slavery and exploitation |
Deprivation or limitation of the movement of a person for the purposes of exploitation for financial or other gain |
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2.4.1 |
Slavery and involuntary servitude The assertion and exercise of any or all of the powers attaching to the right of ownership over another person, and the reduction of another person to such subservient status or condition
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2.4.2 |
Forced labor Unlawful work or service which is exacted from any person under the menace of any penalty and for which the person has not offered himself or herself voluntarily |
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2.4.2.1 |
Forced labor for domestic services Forced labor to provide services for third-party private households
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2.4.2.2 |
Forced labor for industry services Forced labor to provide services for industry
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2.4.2.3 |
Other forced labor Forced labor not described in preceding categories
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2.4.3 |
Other acts of slavery and exploitation Slavery and exploitation not described in preceding categories |
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2.5 |
Trafficking in persons Recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of slavery or exploitation
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2.5.1 |
Trafficking in persons for sexual exploitation Trafficking in persons for the purposes of sexual exploitation
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2.5.2 |
Trafficking in persons for forced labor or services Trafficking in persons for the purposes of forced labor or services
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2.5.3 |
Trafficking in persons for organ removal Trafficking in persons for the purposes of human organ removal |
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2.5.4 |
Trafficking in persons for other purposes Trafficking in persons for other purposes of exploitation not previously described
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2.6 |
Coercion |
Compulsion of or demand for a particular course of action17 through the use of force, threat, intimidation, threat to reveal compromising information, or threat of defamation |
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2.6.1 |
Extortion or blackmail Compulsion of or demand for a particular course of action through a written or verbal threat to (including but not limited to): cause physical harm to a person; expose any compromising information that could subject a person or institution to hatred, contempt, or ridicule, or to any criminal or regulatory proceedings; or reveal proprietary information that would be damaging to business interests
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2.6.2 |
Other acts of coercion Acts of coercion not previously described |
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2.7 |
Negligent acts Negligent, reckless, or careless behavior by a person that causes bodily harm or the potential for harm to another person |
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2.7.1 |
Negligence in situations of persons under care Bodily harm or potential for bodily harm from a legally obligated or responsible person’s negligence towards his or her duty to care18 |
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2.7.1.1 |
Negligence in situations of children under care Bodily harm or potential for bodily harm inflicted upon a child by a legally obligated or responsible person’s negligence towards his or her duty to care |
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17In the context of coercion and extortion offenses, a particular course of action refers—at minimum—to forfeiting property, forfeiting money, or providing services or benefits.
18Duty to care, generally, is the requirement that a person act toward others and the public with the watchfulness, attention, caution and prudence that a reasonable person in the circumstances would.
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2.7.1.2 |
Negligence in situations of other dependent persons under care Bodily harm or potential for bodily harm inflicted upon a dependent person19 by a legally obligated or responsible person’s negligence towards his or her duty to care
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2.7.1.3 |
Other negligence in situations of persons under care Bodily harm or potential for bodily harm by a legally obligated or responsible person’s negligence towards his or her duty to care not previously described
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2.7.2 |
Professional negligence Bodily harm or potential for bodily harm caused by a person’s failure to perform his or her professional duty that a reasonable person in the profession would perform
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2.7.3 |
Negligence related to driving a vehicle Bodily harm or potential for bodily harm from a negligent, reckless, or careless behavior while in control of a vehicle |
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19A dependent person is any person reliant upon one or more other persons for care and support, and who would be in danger if the care and support were withdrawn.
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2.7.4 |
Other acts of negligence Bodily harm or potential for bodily harm from a negligent, reckless, or careless behavior not previously described
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2.8 |
Dangerous acts Acts causing, able to cause, or likely to cause bodily injury or harm, conducted or attempted with the knowledge that the acts have the potential to cause harm |
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2.8.1 |
Acts that endanger health of another person Hazardous action that endangers health or creating the potential to endanger health of other persons
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20Adulteration (of food or medicine) is making a product impure—either through the addition of a foreign, inferior, or inert substance or through the exclusion or removal of a valuable or necessary ingredient—in order to give a false impression of value or to hide defects.
21Pharmaceutical offenses may include, at minimum, the failing to store, transport, and distribute medical products in accordance with regulatory requirements and in a manner than endangers health, as well as supplying/selling pharmaceutical products to people who have no right to possess the product.
2.8.2 |
Operation of a vehicle under the influence of alcohol or other psychoactive substances Operation of a vehicle under the influence of alcohol, controlled drugs, or other psychoactive substances, causing bodily harm or the potential for bodily harm (short of death) to a person
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2.8.3 |
Other dangerous acts leading to injury Bodily harm or potential for bodily harm from a dangerous behavior or act not previously described
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2.9 |
Acts intended to induce fear or emotional distress Behavior or action meant to instill fear or emotional distress in another person |
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2.9.1 |
Harassment Act of engaging in an unlawful course of conduct22 of words or actions that, being directed at a specific person, annoys, alarms, or causes substantial emotional distress in that person
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22A course of conduct is a pattern composed of a series of two or more acts over a period of time, however short, demonstrating a continuity of purpose.
23Characteristics or attributes refer, at minimum, to one’s sex/gender, sexual orientation, age, language, race/ethnicity, or disability.
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2.9.2 |
Stalking Act of engaging in a course of conduct directed at a specific person—including but not limited to acts in which the perpetrator follows, monitors, observes, surveils, or threatens the victim—in which the perpetrator knows or should know that the course of conduct would cause a reasonable person to fear for his or her safety or the safety of a third person (such as a family member), or to suffer other emotional distress
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2.9.3 |
Other acts intended to induce fear or emotional distress Other acts intended to induce fear or emotional distress not previously described
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24Sexual harassment, in the workplace or in the context of some other business or professional relationship, is typically not codified in states’ criminal or penal codes, but may be subject to civil sanctions and penalties.
25Bullying is a variant of harassment in which the offender exploits a real or perceived imbalance of power (either physical or social) with the objective of dominating and belittling victim(s); in other countries, bullying done by a group is known as mobbing. In the U.S. context, bullying is most commonly defined in education code, in the school setting and involving minors/students as victims and offenders, rather than criminal or penal code (as such, disciplinary action is left to school administrators). However, those states that have enacted cyberbullying laws (the use of social media and electronic communications to conduct bullying behaviors) typically do so as part of criminal code—in part, because some of these laws define the offense to include adults (posing as children, or maintaining anonymity) bullying minors.
2.10 |
Defamation Unlawful and intentional remark, action, or communication (spoken or otherwise) by a person that harms another person’s reputation, respect, or the confidence in which a person is held, or that induces hostile or disagreeable opinions or feelings
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2.11 |
Discrimination Distinction, exclusion, restriction, unlawful treatment, or preference based on a person’s or group’s race, color, age, sex, language, religion, opinion, descent, or national or ethnic origin which discourages or prevents equal recognition, enjoyment or exercise of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life
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2.12 |
Acts that trespass against the person |
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26Beliefs or values refers, at minimum, to one’s religious beliefs, political views, or social/economic views.
Unlawful and unwarranted intrusion of the privacy or other rights of a person |
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2.12.1 |
Invasion of privacy Invasion or intrusion of privacy, not amounting to identity theft, harassment, or other defined crimes
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2.12.2 |
Other acts that trespass against the person Unlawful and unwarranted intrusion of the privacy or other rights of a person not previously described
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2.13 |
Other acts causing harm or intending to cause harm to the person Acts that cause harm or intend to cause harm to a person not previously described |
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3 | INJURIOUS ACTS OF A SEXUAL NATURE | |
3.1 |
Rape Sexual penetration27 without valid consent or with consent as a result of intimidation, force, fraud, coercion, threat, deception, use of drugs or alcohol, abuse of power or of a position of vulnerability, or the giving or receiving of benefits |
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3.1.1 |
Rape with force Sexual penetration without valid consent inflicted upon a person by physical force or restraint or by the express threat of bodily injury against the victim or another person |
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27Sexual penetration is the penetration (however slight) of the vulva, anus, or mouth with any body part or object.
3.1.2 |
Rape without force Sexual penetration without valid consent inflicted upon a person without actual or threatened physical force
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3.1.3 |
Rape involving inability to express consent or nonconsent Sexual penetration inflicted upon a person who, by reason of age or mental disorder/disability, is unable (physically or legally) to grant consent or nonconsent
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3.1.4 |
Threat of rape Material threat of rape, not amounting to either a completed act or an incomplete attempt |
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3.2 |
Sexual assault Unwanted sexual act, attempt to obtain an unwanted sexual act, or direct contact or communication with unwanted sexual attention, not amounting to rape |
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3.2.1 |
Physical sexual assault Sexual assault with physical contact of a person |
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28In addition to varying strongly in the definition of age of legal consent (the age at which a person is deemed legally capable of granting consent to sexual activity), state criminal codes vary in their definition of statutory rape (or similar offenses under different names). Though traditionally a reference to acts by an adult against a child, the definition of statutory rape (and related offenses) is now commonly broadened to define age-difference windows between the offender and the victim within which the crime (and resulting punished) is either diminished or enhanced; at least one state (California) extends the definition to explicitly cover sexual intercourse between two minors unless said minors are married.
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3.2.2 |
Threat of a sexual nature Material threat of physical sexual assault, not amounting to either a completed act or an incomplete attempt |
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3.3 |
Sexual violations of a nonphysical nature Other offenses of a sexual nature, not amounting to either rape or sexual assault and not involving direct physical contact or interaction, that may nonetheless instill emotional distress in victims and that are initiated for purposes of obtaining sexual gratification
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3.4 |
Sexual exploitation of adults Acts of attempting to profit financially, physically, socially, or politically from the prostitution or sexual acts of another, adult person, executed through abuse of a position of vulnerability, power, or trust or through the use of force (or threat of force)
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29Such offenses may be known as statutory sexual assault, statutory sexual seduction, or the like in state criminal codes.
30Voyeurism refers to obtaining sexual gratification by observing unsuspecting individuals who are partly undressed, naked, or engaged in sexual acts.
3.5 |
Sexual exploitation of children Acts of attempting to profit financially, physically, socially, or politically from the prostitution or sexual acts of a child or minor, executed through abuse of a position of vulnerability, power, or trust or through the use of force (or threat of force) |
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3.5.1 |
Child pornography31 Acts of procuring, arranging, facilitating or controlling a child for the purposes of creating child pornography and/or possessing, disseminating, broadcasting, transmitting, exhibiting, or selling child pornography
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3.5.2 |
Child prostitution, production and provision Acts of recruiting, enticing, and/or procuring a child into prostitution
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3.5.3 |
Child prostitution, procurement Procuring sexual services of a child prostitute
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31Pornography is a visual representation or depiction of a person engaged in a sexually explicit conduct or realistic images of a nonexistent person involved in sexually explicit conduct. Used generically, pornography refers to such depictions in which the person is an adult (or appears to be an adult); child pornography refers to such depictions in which the person is a child or appears to be a child.
3.5.4 |
Other sexual exploitation of children Sexual exploitation of children not previously described
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3.6 |
Other injurious acts of a sexual nature Injurious acts of a sexual nature not previously described |
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4 | ACTS OF VIOLENCE OR THREATENED VIOLENCE AGAINST A PERSON THAT INVOLVE PROPERTY | |
4.1 |
Robbery The unlawful taking or obtaining of property through the use of force or threat of force against a person, with the intent to permanently or temporarily deprive the property from a person or organization
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4.1.1 |
Robbery from the person Robbery of personal property33 with direct contact with the victim |
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4.1.2 |
Carjacking/robbery of a car or vehicle Robbery of a vehicle in the presence of its operator or occupants, taking only the vehicle and not the operator or occupants |
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32Child sex tourism is the commercial sexual exploitation of children by persons who travel from one place to another and there engage in sexual acts with children.
33Personal property refers generally to any asset of or held by a person, other than real estate.
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4.1.3 |
Robbery of valuables or goods in transit Robbery of property from a vehicle in transit in the presence of its operator or occupants, other than the vehicle itself
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4.1.4 |
Robbery of an establishment or institution Robbery of any public or private establishment or institution |
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4.1.5 |
Robbery of livestock Robbery of livestock from the animal caretaker
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4.1.6 |
Other acts of robbery Acts of robbery not previously described |
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4.2 |
Terroristic or disruptive threats to buildings or critical infrastructure The threat or communication of a threat against buildings or critical infrastructure, declaring an intent to cause serious harm or inconvenience to people
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4.3 |
Other acts against property involving violence against a person Acts against property involving violence against a person not previously described |
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5 | ACTS AGAINST PROPERTY ONLY | |
5.1 |
Burglary The gaining of unauthorized access to a part of a building/dwelling or other premises with or without the use of force against the building/dwelling, with the intent to commit theft or other property offense
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5.1.1 |
Burglary of business premises Burglary of business premises34
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34Business premises refer to the structure or land on which a commercial or industrial enterprise is located and includes office buildings, shops, clubs, banks, factories, service stations, hotels, malls, retail stores, farm land, warehouses, and other land or buildings.
5.1.2 |
Burglary of residential/private premises Burglary of residential/private premises35
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5.1.3 |
Burglary of public premises Burglary of public premises36
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5.1.4 |
Other acts of burglary Acts of burglary not previously described
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5.2 |
Theft The unlawful taking or obtaining of property with the intent to permanently or temporarily deprive it from a person or organization without consent and without the use of force, threat of force or violence, coercion, or deception
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35Residential/private premises refers to structures or land owned, rented, or leased by a person.
36Public premises refers to structures or lands owned by the government or other public bodies; accordingly, public property is property owned by government or other public bodies other than real estate.
5.2.1 |
Theft of a motorized vehicle or parts thereof Theft of a motorized vehicle or parts of a motorized vehicle |
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5.2.1.1 |
Theft of a motor vehicle Theft of a motor vehicle, not in the immediate presence of its owner or occupants
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5.2.1.2 |
Illegal use of a motor vehicle The unlawful taking or obtaining a motor vehicle with the intent to temporarily deprive it from a person or organization without consent and without the use of force, threat of force or violence, coercion, or deception
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5.2.1.3 |
Theft of parts of a motor vehicle Theft of parts of a motor vehicle that runs on the road
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5.2.1.4 |
Other theft of a motorized vehicle or parts thereof Theft of a motorized vehicle or parts of a motorized vehicle not previously described
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5.2.2 |
Theft of personal property Theft of personal property |
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5.2.2.1 |
Theft of personal property from a person Theft of personal property carried on a person
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5.2.2.2 |
Theft of personal property from a vehicle Theft of personal property from a vehicle
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5.2.2.3 |
Other theft of personal property Theft of personal property not previously described
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5.2.3 |
Theft from business or other nonpublic organization Theft of movable property that is not a vehicle from a business or other nonpublic organization
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5.2.4 |
Theft of public property Theft of any movable public property that is not a vehicle, such as the theft of equipment from a public park |
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5.2.5 |
Theft of livestock Theft of livestock
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5.2.6 |
Theft of services Theft of services |
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5.2.7 |
Other theft Theft of property not previously described
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5.3 |
Acts against computer systems Unauthorized access,37 interception, interference, or misuse of computer data or computer systems |
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5.3.1 |
Unlawful access to a computer system Unlawful acts involving entry into parts or the whole of a computer system without authorization or justification
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5.3.2 |
Unlawful interference with a computer system or computer data Unlawful acts hindering the functioning of a computer system, as well as acts involving damage, deletion, deterioration, alteration, or suppression of computer data without authorization or justification |
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5.3.2.1 |
Unlawful interference with a computer system Unlawful acts hindering the functioning of a computer system |
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37Access, generally, means to make use of or to gain entry to some place or location; in the computer systems context, it means: to view, display, instruct, or communicate with; to store data in or retrieve data from; to copy, move, add, change, or remove data; or otherwise make use of, configure, or reconfigure any resources of computer systems or their accessories.
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5.3.2.2 |
Unlawful interference with computer data Acts involving damage, deletion, deterioration, alteration, or suppression of computer data without authorization or justification
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5.3.3 |
Unlawful interception or access of computer data Unlawful acts involving gaining access to computer data without authorization or justification, including obtaining data during a transmission process that is not intended to be public, as well as obtaining computer data (such as by copying data) without authorization
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5.3.4 |
Other acts against computer systems Acts against computer systems not previously described
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5.4 |
Intellectual property offenses The unlawful copying, use, reproduction, or other infringement inflicted upon copyrights, patents, trademarks, or other intellectual property
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5.5 |
Property damage Destruction, damage, or defacement of property |
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5.5.1 |
Arson The willful setting or starting of a fire or causing of an explosion, with the purpose of destroying or damaging the dwelling or occupied structure of another person or destroying or damaging any property (including that owned by the offender to collect insurance proceeds for such loss)
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5.5.1.1 |
Arson of personal/residential property Arson of personal property, including of residential premises |
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5.5.1.2 |
Arson of business or other nonpublic establishment property Arson of property or structures belonging to businesses or other nonpublic establishments |
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5.5.1.3 |
Arson of public property Arson of public property or structures |
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5.5.2 |
Reckless burning The purposeful starting of a fire or causing of an explosion, thereby placing a building or occupied structure of another in danger of damage or destruction, but without malicious intent to cause death or harm to a person |
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5.5.3 |
Other damage of property Intentional destruction, damage, or defacement not previously described
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5.6 |
Other acts against property only Acts against property only not previously described
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6 | ACTS INVOLVING CONTROLLED SUBSTANCES | |
6.1 |
Unlawful possession or use of controlled drugs38 for personal consumption Unlawful possession for personal consumption or unlawful use of controlled drugs
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6.2 |
Unlawful cultivation or production of controlled drugs Unlawful cultivation, production, manufacture, extraction and preparation of controlled illicit drugs or precursors39
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6.3 |
Unlawful trafficking or distribution of controlled drugs Illicit delivery, brokerage, dispatch, dispatch in transit, transport, importation, exportation of controlled drugs or precursors not for personal consumption
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6.3.1 |
Street-level selling of quantities of controlled drugs suitable for personal consumption |
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38Controlled drugs are those narcotic drugs and psychotropic substances defined by and subject to regulation under law, particularly the schedules of controlled substances defined in federal law (21 U.S.C. § 812).
39Precursors are substances frequently used in the illicit manufacture of such narcotics and psychotropic substances, and may include chemicals and solvents.
The illicit selling, distributing, marketing, advertising, purchase or sale of minor quantities of controlled drugs or precursors
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6.3.2 |
Wholesale distribution/trading/possession of controlled drugs The illicit selling, distributing, marketing, advertising, purchase or sale of wholesale quantities of controlled drugs or precursors, including the possession of quantities of controlled drugs greater than those suitable for personal consumption
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6.4 |
Unlawful acts involving drug equipment or paraphernalia Illicit acts involving possession or use of drug equipment or paraphernalia |
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6.5 |
Other unlawful acts involving controlled drugs, psychoactive substances or precursors Unlawful handling, possession or use of controlled drugs, psychoactive substances or precursors for personal consumption and for wholesale distribution not previously described
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7 |
ACTS INVOLVING FRAUD, DECEPTION, OR CORRUPTION |
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7.1 |
Fraud Unlawful, knowing, and purposeful use of deceit,40 persuasion, or other dishonest conduct to obtain some benefit or consequence or to evade a liability/disbenefit, wherein said benefit or consequence may be nonexistent, unnecessary, never intended to be provided, or deliberately distorted |
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7.1.1 |
Consumer financial and products/services fraud Financial fraud against an individual, in which the expected benefit in question is investment returns, a consumer product or service, a prize of some value, or support of a charity or nonprofit organization
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7.1.2 |
Identity theft Possession or use, through any means, of personal or financial identifying information41 of another person without that person’s consent in order to further any unlawful purpose |
__________________
40Deceit refers to misrepresenting, concealing, or omitting facts about promised goods, services, or other benefits or consequences.
41Personal identifying information is any information that can be used alone or in combination to identify a specific person, such as Social Security number, date of birth, passport/driver’s license number and information, and person-specific passwords or pass codes. Financial identifying information, linked to a person, is information that can be used alone or in combination to obtain any thing of value; this includes credit card, bank account, or other financial account numbers or verification codes.
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7.1.3 |
Fraud against businesses or establishments, including nonprofit organizations Fraud against nongovernmental businesses or organizations
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7.1.4 |
Fraud against government agencies Fraud against government agencies, programs, or regulations, not amounting to other defined crimes
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7.1.5 |
Other types of fraud Other types of fraud not previously defined
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7.2 |
Forgery/counterfeiting Acts of creating, manufacturing, selling, passing, or possessing a false imitation of a good, or an instrument to create a false imitation of a good |
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7.2.1 |
Counterfeiting means of payment Acts of creating, manufacturing, passing, using, or possessing counterfeit means of payment or an instrument to create a false imitation with or without the use of computer systems
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7.2.1.1 |
Counterfeiting means of cash payment Acts of creating, manufacturing, passing, using, or possessing counterfeit means of cash payment or an instrument to create a false imitation with or without the use of computer systems
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7.2.1.2 |
Counterfeiting means of noncash payment Acts of creating, manufacturing, passing, using, or possessing counterfeit means of noncash payment42 or an instrument to create a false imitation with or without the use of computer systems
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7.2.2 |
Counterfeit product offenses Acts of creating, manufacturing, selling, passing, or possessing counterfeit trademarked, patented, licensed, or otherwise protected products payment or an instrument to create a false imitation with or without the use of computer systems |
__________________
42Noncash payment refers to any method of payment that is not notes (currency) or coins, such as credit cards, checks, virtual currencies, and debit cards.
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7.2.3 |
Acts of forgery/counterfeiting documents Acts of creating, manufacturing, selling, passing, or possessing a counterfeit or forged document, or an instrument to create a false imitation with or without the use of computer systems
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7.2.4 |
Other acts of forgery/counterfeiting Acts of creating, manufacturing, passing, using, or possessing a false good or an instrument to create a false good not previously described |
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7.3 |
Corruption Unlawful bribery or embezzlement, or other abuse of authority or office, to procure some benefit either personally or for someone else
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7.3.1 |
Bribery The promising, offering, giving, soliciting, or accepting of an unlawful benefit, an undue advantage, or a thing of value, to or from a person, directly or indirectly, in order that the person act or refrain from acting in the exercise of his or her proper duties |
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7.3.2 |
Embezzlement The fraudulent taking of money or property entrusted to one’s care, without permission, to one’s own use
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7.3.3 |
Abuse of functions Performance of or failure to perform an act, in violation of laws, by a public official in the discharge of his or her functions for the purpose of obtaining an undue advantage for himself or herself or for another person or entity
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7.3.4 |
Trading in influence |
The promising, offering, or giving to, or soliciting or accepting by a public official, directly or indirectly, of an undue advantage in order that the public official or the person abuse his or her real or supposed influence with a view to obtaining an undue advantage
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7.3.5 |
Other acts of corruption Act of corruption not previously described
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7.4 |
Acts involving proceeds of crime Acts of receiving, handling, or processing money or property derived from or obtained, directly or indirectly, through the commission of an offense |
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7.4.1 |
Money laundering Conversion or transfer of property, knowing that such property is the proceeds of crime, for the purpose of concealing or disguising the illicit origin of such property or of assisting any person who is involved in the commission of the predicate offense to evade the legal consequences of his or her actions, as well as the concealment or disguise of the true nature, source, location, disposition, movement, or ownership of or rights with respect to the property
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7.4.2 |
Illicit trafficking in cultural property Unlawful sale, distribution, delivery, brokerage, transport, importation, exportation, or possession of property specifically designated as being subject to export regulation due to its importance for archaeology, history/prehistory, literature, art, or science |
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7.4.3 |
Fencing stolen goods Receiving, handling, disposing, selling/resale, or trafficking of stolen goods |
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7.4.4 |
Other acts involving proceeds of crime Acts of receiving, handling, or processing money or property derived from or obtained, directly or indirectly, through the commission of an offense not previously described
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8 | ACTS AGAINST PUBLIC ORDER AND AUTHORITY | |
8.1 |
Acts against public order behavioral standards Acts contrary to behavioral standards intended to uphold public decency and civility |
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8.1.1 |
Violent public disorder offenses Unlawful violence that is organized or spontaneous and causes severe disruption, fear or injuries to members of the public
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8.1.2 |
Acts related to social public order norms and standards Unlawful acts contrary to social public order norms and standards
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8.1.3 |
Other acts against public order behavioral standards Unlawful acts contrary to public order behavioral standards not previously described
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8.2 |
Acts against public order sexual standards Unlawful acts contrary to legal or regulatory standards concerning sexual behavior |
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8.2.1 |
Prostitution offenses Unlawful provision or procurement of sexual activities or services in exchange for money or other forms of remuneration, not amounting to trafficking in persons for sexual exploitation
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8.2.2 |
Pornography offenses Unlawful acts related to pornography
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8.2.3 |
Other acts against public order sexual standards Unlawful acts contrary to accepted public order sexual standards not previously described |
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8.3 |
Acts related to freedom of expression or control of expression Acts aimed at restricting the freedom of expression or violating restrictions on expression |
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8.3.1 |
Acts against freedom of expression Acts aimed at restricting or suppressing others’ exercise of the freedom of expression
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8.3.2 |
Acts related to violations of controlled expressions Exercising one’s personal freedom of expression in an unlawful way
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8.4 |
Acts contrary to public revenue or regulatory provisions Acts against public revenue provisions and acts involving behavior that is regulated or prohibited on moral or ethical grounds
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8.4.1 |
Tax evasion, and other acts against taxation provisions Acts against state, federal, or other taxation provisions
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8.4.2 |
Market manipulation, insider trading, and other acts against market or financial regulations Acts in contravention of the normal and orderly operation of financial markets and institutions
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8.4.3 |
Acts against regulations on alcohol, tobacco, or gambling Acts against prevailing statutes on so-called “sin tax” areas, related to alcohol, tobacco, and gambling |
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8.4.3.1 |
Acts against regulations on alcohol or tobacco Unlawful production, distribution, or handling of alcohol or tobacco products, contrary to commerce and revenue regulations
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8.4.3.2 |
Acts against regulations on gambling Acts against regulations, restrictions, or prohibitions on betting, gambling, or gaming
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__________________
43Insider trading refers to possessing inside information and using that information by acquiring or disposing of, for its own account or for the account of a third party, directly or indirectly, financial instruments to which that information relates.
8.4.4 |
Customs violations Violations of customs regulations, involving the unlawful movement of goods across a customs frontier
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8.4.5 |
Other violations of public revenue and regulatory provisions Other violations of public revenue regulations or other public administration regulations
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8.5 |
Acts related to migration Unlawful acts related to migration |
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8.5.1 |
Offenses related to smuggling of migrants Procurement in order to obtain, directly or indirectly, a financial or other material benefit of the illegal entry into the nation of person who is not a legal resident or immigrant
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8.5.2 |
Unlawful entry/border crossing Unlawful crossing of the U.S. national border and violation of visa and visit provisions |
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8.5.3 |
Unlawful employment or housing of an undocumented migrant Unlawful acts by employers related to employment or housing of undocumented migrants, not amounting to other defined crimes |
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__________________
44Smuggling refers to such customs fraud/unlawful movement of goods across a customs frontier when it is done in any clandestine manner.
8.5.4 |
Other unlawful acts related to migration Unlawful acts related to migration not previously described |
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8.6 |
Acts against the justice system Acts contrary to the operation of the law enforcement or justice system |
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8.6.1 |
Obstruction of justice Acts intended to obstruct, subvert, mislead, or impede justice procedures
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8.6.2 |
Breach of justice system authority Acts intended to obstruct, subvert, or impede the effective execution of commands/orders stipulated by the justice system
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__________________
45Accessory to crime, itself a criminal act, is the rendering of assistance of any form to a person who has committed a criminal offense, with the intent of hindering or preventing either the discovery of the offense or the apprehension/prosecution of the person. This includes: harboring or concealing the offender or witnesses to the crime; providing money or means of escaping detection; or the concealment or destruction of evidence to obstruct investigation.
8.6.3 |
Preparatory or enabling crimes Acts that are preparatory to or enabling of other criminal offenses (regardless of whether the underlying offense is actually completed), and so are themselves criminal
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8.6.4 |
Other acts against the justice system Acts contrary to the operation of the law enforcement or justice system not previously described |
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8.7 |
Acts related to elections Acts related to democratic elections |
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8.7.1 |
Acts intended to unduly influence voters at elections Acts intended to unduly influence voters during an election through monetary or other benefits or through threats
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8.7.2 |
Other acts related to democratic elections |
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46Conspiracy involves consorting or planning with other persons to commit another offense, and so covers conspiracy to commit most, but not all, other crime types. The exceptions would be offenses where collective-based planning and organization is integral to the offense itself—notably, organized criminal group activity (9.4) and terrorist group activity (9.5)—and so conspiracy to those kinds of acts would fall under those separate headings.
47Criminal facilitation is knowingly providing another person with the means or opportunity for the commission of a crime, acting with knowledge that the other person is committing or intends to commit the crime.
48Criminal solicitation is encouraging, requesting, or soliciting another person to commit a crime or establish complicity in committing a crime.
49Several states define criminal attempt as any act—done with intent to commit a specific crime—that “constitutes a substantial step” toward the commission of that crime; see, for instance, Colorado Revised Statutes (2014) § 18-2-101 or Pennsylvania Statutes Title 18, Section 901.
Acts related to democratic elections not previously described
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8.8 |
Acts contrary to labor law Criminal acts contrary to labor law
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8.8.1 |
Collective labor law violations Criminal acts contrary to collective labor law
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8.8.2 |
Individual labor law violations Criminal acts contrary to individual labor law
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8.9 |
Acts contrary to juvenile justice regulations or involving juveniles/minors Unlawful acts defined in specific laws and regulations relating to juveniles or minors |
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8.9.1 |
Status offenses Unlawful acts that are considered offenses mainly or exclusively due to the age of the actors involved, committed by minors or by adults in relations to minors |
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8.9.1.1 |
Status offenses committed by juveniles Status offenses committed by juveniles
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8.9.1.2 |
Status offenses committed upon juveniles Status offenses committed upon juveniles
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8.10 |
Other acts against public order and authority Acts against public order and authority not previously described
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9 | ACTS AGAINST PUBLIC SAFETY AND NATIONAL SECURITY | |
9.1 |
Acts involving weapons, explosives, and other destructive materials Possession, use, manufacture, import/export, acquisition, sale, delivery, movement, or transfer of firearms, their parts and components, ammunition, other weapons, or explosives |
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9.1.1 |
Unlawful possession or use of weapons and explosives |
Unlawful possession or use of regulated or prohibited firearms, their parts and components, ammunition, other weapons, or explosives
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9.1.1.1 |
Unlawful possession or use of firearms Unlawful possession or use of regulated or prohibited firearms, their parts and components, or ammunition
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9.1.1.2 |
Unlawful possession or use of other weapons or explosives Unlawful possession or use of regulated or prohibited weapons or explosives
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9.1.1.3 |
Unlawful possession or use of chemical, biological, or radioactive materials Unlawful possession or use of prohibited or regulated chemical, biological, radioactive, or nuclear materials
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9.1.1.4 |
Other acts related to possession or use of weapons and explosives Acts related to possession or use of weapons and explosives not previously described
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9.1.2 |
Trafficking of weapons and explosives Trafficking of weapons and/or explosives |
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9.1.2.1 |
Trafficking of firearms Trafficking of firearms, their parts and components, and ammunition
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9.1.2.2 |
Trafficking of other weapons or explosives Trafficking of regulated or prohibited weapons or explosives
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9.1.2.3 |
Trafficking of chemical, biological, or radioactive materials Trafficking of regulated or prohibited chemical, biological, radioactive, or nuclear materials
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9.1.2.4 |
Other acts related to trafficking of weapons and explosives Trafficking of weapons and explosives not previously described |
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9.1.3 |
Other acts relating to weapons and explosives Acts relating to weapons and explosives not previously described |
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9.2 |
Acts against national security Acts directed against the integrity of the nation |
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9.3 |
Acts related to organized criminal groups Participation in the activities of an organized criminal group50 |
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9.3.1 |
Racketeering, and violations of the Racketeer Influenced and Corrupt Organizations (RICO) Act Violations of the Racketeer Influenced and Corrupt Organizations (RICO) Act (18 U.S.C. §§ 1961–1968), not amounting to other defined crimes
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9.3.2 |
Other acts related to an organized criminal group Acts related to an organized criminal group not previously described |
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9.4 |
Terrorism Participation in the activities of a terrorist group or other acts related to terrorist offenses |
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9.4.1 |
Participation in a terrorist group Participation in the activities of a group for the purpose of committing one or more terrorist offenses
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9.4.2 |
Financing of terrorism |
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50An organized criminal group commonly refers to a structured group of three or more persons, existing for a period of time and acting in concert with the aim of committing one or more serious crimes or offenses in order to obtain, directly or indirectly, a financial or other material benefit.
The provision or collection of funds, with the intention that they should be used or in the knowledge that they are to be used, in full or in part, in order to carry out terrorist offenses (whether by individual terrorists or by terrorist groups)
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9.4.3 |
Other acts related to the activities of a terrorist group Acts related to the activities of a terrorist group not previously described
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10 | ACTS AGAINST THE NATURAL ENVIRONMENT OR AGAINST ANIMALS | |
10.1 |
Acts that cause environmental pollution51 or degradation Acts that result in the polluting of the natural environment, whether air, water, or soil |
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10.2 |
Acts involving the movement or dumping of waste Acts involving the illegal movement or dumping of waste |
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10.3 |
Trade or possession of protected or prohibited species of fauna and flora Unlawful trade or possession of specimens of protected or prohibited wild fauna or flora species
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10.4 |
Acts that result in the depletion or degradation of natural resources Acts that result in the unlawful exploitation or depletion of natural resources, fauna or flora species, land, water or air |
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10.4.1 |
Illegal logging or mining Unlawful extraction, cutting, harvest, transportation, purchase, or sale of timber or minerals |
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51Pollution is the direct or indirect contamination of the indoor or outdoor environment by any chemical, physical, or biological agent.
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10.4.2 |
Illegal hunting, fishing, or gathering of wild fauna and flora Unlawful hunting, fishing, collecting, or otherwise taking of wild fauna or flora
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10.5 |
Animal cruelty and other acts against animals Intentionally, knowingly, or recklessly taking an action that mistreats or kills any animal without just cause, such as torturing, tormenting, mutilation, maiming, poisoning, or abandonment
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10.6 |
Other acts against the natural environment or against animals Unlawful acts with potential to cause harm to the natural environment or other unlawful acts against animals not previously described
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11 | OTHER CRIMINAL ACTS NOT ELSEWHERE CLASSIFIED | |
11.1 |
Violations of military law Criminal offenses contrary to the expected behavior of members of the U.S. armed forces, in contravention of the punitive articles of the Uniform Code of Military Justice (10 USC § 877–934), that are not covered by offenses elsewhere defined in this classification |
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11.2 |
Violations of tribal law Criminal offenses contrary to the justice systems of recognized American Indian tribal governments that are not covered by offenses elsewhere defined in this classification |
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11.3 |
Torture Act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his/her custody or physical control, for such purposes as obtaining information or a confession or punishing/intimidating the person53 |
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11.4 |
Piracy Any act of violence, detention, or depredation committed for private ends by the crew or the passengers of a private ship or a private aircraft directed on the high seas against another ship or aircraft, or against persons or property on board such ship or aircraft; or against a ship, aircraft, persons or property in a place outside the jurisdiction of any state, including acts of participation, incitement, and facilitation in such acts
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__________________
52Malingering is the feigning of injury or disability, or the self-infliction of injury, with the intent of avoiding lawful duty or service.
53This definition melds the definition of torture in U.S. federal law (18 USC § 2340) with the draft ICCS definition; the federal definition extends “severe mental pain or suffering” by one person to include mental harm resulting from the threat of severe physical pain or suffering to another person.
11.5 |
Genocide Acts committed, whether in time of peace or war, with the intent to destroy in whole or in part a national, ethnic, racial, or religious group, including: killing members of the group; causing serious bodily harm to or permanent impairment of the mental faculties of members of the group; deliberately subjecting the group to conditions of life calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; and forcibly transferring children of the group to another group54 |
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11.6 |
War crimes Acts constituting serious violations of the laws and customs applicable in armed conflict as expressed in the Rome Statute of the International Criminal Court, the Geneva Conventions of August 12, 1949, and other international humanitarian law
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11.7 |
Other criminal acts not elsewhere classified Other acts in violation of federal or state criminal law that are not previously described |
__________________
54This definition of genocide is adapted from that codified in U.S. federal law at 18 USC § 1091 (pursuant to 1988’s P.L. 100-606), which further defines attempted genocide and conspiracy to genocide as offenses equally punishable with genocide itself.
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