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Modernizing Crime Statistics: Report 1: Defining and Classifying Crime (2016)

Chapter: Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime

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Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
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Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×

Table D.1 Suggested Classification of Crime for Statistical Purposes, With Definitions and Inclusions

Code Offense, Definition, and Inclusions/Exclusions
1 ACTS LEADING TO DEATH OR INTENDING TO CAUSE DEATH

1.1

Murder and intentional homicide
Unlawful death inflicted upon a person with the intent to cause death or serious bodily injury,1 or resulting from assault committed with reckless indifference to life2

  • Terminology/Scope: Includes bias-motivated or status-motivated homicide, including specifically named variants such as femicide or infanticide, through reference to tags/attributes
  • Include: Murder;3 voluntary manslaughter;4 serious assault leading to death; death as a result of terrorist activities; honor killing;5 felony murder or criminal homicide;6 killing caused by excessive use of force by law enforcement or state officials and not determined to be justifiable homicide; extrajudicial killing

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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.

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×
  • Exclude: Justifiable homicide, including deaths inflicted under self-defense regulations; death due to legal interventions7

1.2

Nonintentional homicide
Unlawful death unintentionally inflicted on a person by another person, without malice aforethought

  • Terminology/Scope: Includes culpable homicide, where that term is used in lieu of manslaughter

1.2.1

Nonnegligent8 manslaughter
Unlawful death inflicted upon a person where there is generally intent to cause harm but no intent to cause death or serious injury

  • Terminology/Scope: Also known as involuntary manslaughter
  • Include: Bodily injury leading to death where no serious harm was intended; allowing death, or failure to offer aid leading to death, where there exists a legal duty to provide aid

1.2.2

Negligent manslaughter
Unintended death as a result of a negligent, reckless,9 or involuntary act that is not directed against the victim

  • Terminology/Scope: Sometimes referred to as criminally negligent or gross 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.

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×

1.2.2.1

Vehicular manslaughter
Unintended death as a result of a negligent, reckless, or involuntary act that is not directed against the victim while operating a vehicle10

  • Terminology/Scope: Includes vehicular homicide, in jurisdictions where that term does not require intent to cause death or serious injury
  • Include: Causing death by dangerous driving; causing death by driving under the influence of drugs or alcohol; failure to stop and render aid after vehicular accident causing death (i.e., hit-and-run)

1.2.2.2

Nonvehicular manslaughter
Unintended death as a result of a negligent or involuntary act that neither involves the operation of a vehicle as the cause of death nor action directed against the victim

  • Include: Corporate manslaughter; professional negligence leading to death

1.3

Assisting or instigating suicide

Unlawful acts intentionally facilitating suicide of a person

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

  • Include: Physician-assisted suicide; assisted suicide

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.

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×

Acts leading to suicide not described above

  • Include: Instigating suicide through persuasion or other means

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)

  • Terminology/Scope: Euthanasia is generally construed as unlawful in the United States, even though not explicitly designated such in federal or state criminal/penal code. This is particularly true of active euthanasia, in which a physician or other person administers some agent or takes some other action to directly cause death, relative to passive euthanasia (the withholding of some agent or action that would sustain life). “Right to die”/dignified death legislation (which may also touch on physician-assisted suicide as well) is an active concern in several states, though typically affecting provisions in state health/welfare, business, or probate code rather than criminal/penal code.
  • Include: Mercy killing; involuntary or nonvoluntary euthanasia

1.5

Unlawful feticide

Unlawful death of a fetus intentionally procured or conducted by a person

  • Include: Abortion offenses (conduct or procurement) as defined by federal or state law, such as the federal prohibition of partial-birth abortion (18 USC § 1531); concealment of birth by secretly disposing the body; intentional miscarriages and still births; forced abortion12

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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

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×

1.6

Unlawful killing associated with armed conflict Unlawful killing in a situation of armed conflict not amounting to a war crime

  • Include: Killing by combatants that is considered as a criminal offense in national legislation (and is prosecuted as such) but does not amount to a war crime

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
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

  • Terminology/Scope: Covers domestic/intimate partner assault and other bias- or status-motivated assault through reference to attributes/tags

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

  • Include: Inflicting grievous bodily harm by gunshot; wounding by gunshot

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

  • Include: Inflicting grievous bodily harm by means other than discharge of a firearm; inflicting serious bodily harm by use of a firearm without its being fired (i.e., serious pistol-whipping); serious wounding or battery; acid attacks; female genital mutilation; poisoning; forced sterilization
Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×

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

  • Include: Inflicting minor bodily harm; inflicting minor bodily harm by use of a firearm without its being fired; simple assault; pushing, shoving, slapping, kicking, or hitting; drugging or spiking, not amounting to poisoning

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

  • Terminology/Scope: Covers threatening behavior up to but not including the infliction of physical injury. Covers bias- or status-motivated threats through reference to attributes/tags

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

  • Include: Unlawful firing in the general direction of a person, to frighten or intimidate; unlawful firing at a private residence or other building with the intent of causing fear in the inhabitants

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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.

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×

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

  • Include: Unlawful brandishing of a firearm; menacing with a firearm14

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

  • Include: Threatening death or serious injury, through general or unspecified means; threatening the death or serious injury of a family member, friend, or another person; menacing without a firearm

2.2.4

Minor threat

Threat with the intention to cause minor harm

  • Include: Threatening minor injury; threatening minor harm to a family member, friend or another person

2.2.5

Other acts causing or threatening injury or harm

Acts causing harm or threat to cause harm not described in earlier categories

  • Include: Aiming a laser pointer at an aircraft or a law enforcement officer

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.

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×

Deprivation or limitation of the movement or liberty of a person

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)

  • Terminology/Scope: Covers interference with custody of children where that term is used to describe parental abduction

2.3.1.1

Parental abduction

Abduction of a minor by a parent who does not have exclusive custody

  • Include: International parental abduction; domestic parental abduction

2.3.1.2

Abduction by a family member

Abduction of a minor by another family member who does not have exclusive custody

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

2.3.1.4

Abduction by another person

Abduction of a minor by a person not described in previous categories

  • Include: Abduction of a minor by a stranger, not amounting to kidnapping

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.

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×
  • Include: Kidnapping; express kidnapping

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)

  • Include: Unlawful caging (or other constraint) of a child; hostage taking; false imprisonment; unlawful deprivation of liberty; unlawful detainment

2.3.4

Hijacking

Unlawful seizure of a vehicle, together with its operator or occupants, through the use of force or threat of force

  • Include: Hijacking of aircraft, car, bus, ship, or other motor vehicle

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

  • Include: Adoption fraud; illegal adoption

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

  • Include: Forced marriage; early marriage

2.3.7

Other deprivation of liberty or acts against liberty

Other deprivation of liberty or acts against liberty not described in preceding categories

2.4

Slavery and exploitation

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×

Deprivation or limitation of the movement of a person for the purposes of exploitation for financial or other gain

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

  • Terminology/Scope: This refers to the actual placement of another person in a position where ownership is asserted; the enabling actions (transportation, recruitment, sale, etc.) of slavery and exploitation constitute trafficking in persons (2.5). Other offenses committed during the period of “ownership,” such as assault and sexual abuse, should be rendered separately.
  • Include: Slavery; involuntary servitude; debt bondage; peonage; bonded labor or servitude

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

2.4.2.1

Forced labor for domestic services

Forced labor to provide services for third-party private households

  • Include: Forced domestic labor; domestic labor exploitation

2.4.2.2

Forced labor for industry services

Forced labor to provide services for industry

  • Include: Forced labor in agriculture, constructing, manufacturing, or entertainment; forced labor in sweatshops, fisheries, farms, or the like

2.4.2.3

Other forced labor

Forced labor not described in preceding categories

  • Include: Forced begging; forced labor for government or armed forces, as in unlawful labor in labor camps
Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×

2.4.3

Other acts of slavery and exploitation

Slavery and exploitation not described in preceding categories

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

  • Terminology/Scope: Synonymous with human trafficking

2.5.1

Trafficking in persons for sexual exploitation Trafficking in persons for the purposes of sexual exploitation

  • Include: Trafficking in persons for sexual exploitation, including commercial sexual exploitation; trafficking in persons for the exploitation of the prostitution of others

2.5.2

Trafficking in persons for forced labor or services Trafficking in persons for the purposes of forced labor or services

  • Include: Trafficking in persons for forced labor; trafficking in persons for slavery, indentured servitude, peonage, or similar practices; trafficking in persons for domestic work

2.5.3

Trafficking in persons for organ removal

Trafficking in persons for the purposes of human organ removal

2.5.4

Trafficking in persons for other purposes Trafficking in persons for other purposes of exploitation not previously described

  • Include: Trafficking in persons for forced marriage; trafficking in persons for committing crimes

2.6

Coercion

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×

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

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

  • Include: Extortion of persons, businesses, or institutions

2.6.2

Other acts of coercion

Acts of coercion not previously described

2.7

Negligent acts

Negligent, reckless, or careless behavior by a person that causes bodily harm or the potential for harm to another person

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

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

__________________

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.

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×
  • Include: Neglect of a child under care; child neglect; child abandonment; culpable negligence (in the specific sense of leaving or storing a loaded firearm within easy access of a minor, when that firearm is used by that minor to injure or kill himself/herself or another person)

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

  • Include: Neglect of elderly persons; neglect of an adult person under care; neglect of an elderly person under care; abandonment of an elderly person requiring care

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

  • Include: Negligence related to family; violation of obligations towards family; failure to provide necessities for a servant/apprentice

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

  • Include: Professional malpractice; medical negligence in prescriptions; gross negligent conduct of medical procedures; gross negligent acts in the performance of professional duty; criminal negligence of pilots, boat captains, and other professional operators of vehicles

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

__________________

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.

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×
  • Include: Negligent driving or operation of a vehicle; driving and texting; negligence in situations of persons under care while operating a motor vehicle; failure to stop and render aid after accident causing bodily injury (i.e., hit-and-run)

2.7.4

Other acts of negligence

Bodily harm or potential for bodily harm from a negligent, reckless, or careless behavior not previously described

  • Include: Culpable negligence; negligent pedestrian offenses

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

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

  • Include: Adulteration of food or medicine;20 hazardous tampering with food, drugs, cosmetics, or other consumer devices or their labeling; pharmaceutical offenses;21 sale of noxious food or drink; violations of workplace health and safety-at-work provisions; criminal transmission of sexually transmitted disease or other communicable/infectious disease, including the knowing donation/selling of blood or bodily fluids after positive test for the Human Immunodeficiency Virus (HIV); violations of emergency public health orders, including failure to observe a quarantine

__________________

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.

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×

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

  • Include: Driving under the influence (of alcohol or other intoxicant); causing an accident under the influence; operation of a common carrier (e.g., train, bus, aircraft) or mass transit conveyance under the influence of psychoactive substances; operation of private vehicles under the influence of psychoactive substances

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

  • Include: Reckless endangerment, not amounting to assault or threat; throwing rocks or other objects at vehicles in motion (e.g., at moving trains or from highway overpasses); vehicular eluding (i.e., “car chases,” or reckless driving while eluding pursuit by a peace officer); setting boobytraps

2.9

Acts intended to induce fear or emotional distress

Behavior or action meant to instill fear or emotional distress in another person

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

  • Terminology/Scope: Though the harassing behaviors are directed at a specific person (victim), their nature and content may be (and commonly are) based on bias against the victim’s characteristics/attributes23 or group characteristics (e.g., position at the workplace)

__________________

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.

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×
  • Include: Workplace harassment by a supervisor or coworker/colleague, including workplace sexual harassment;24 bullying and cyberbullying;25 cyberharassment; harassing communications, including persistent phone calls or hang-ups, not amounting to stalking; course-of-conduct behavior defined as “private nuisance” or the like in some statutes

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

  • Include: Cyberstalking

2.9.3

Other acts intended to induce fear or emotional distress

Other acts intended to induce fear or emotional distress not previously described

  • Include: Unlawful forms of “hate speech” directed at a group that may not fit either the course-of-conduct nature of harassment or stalking nor the individual-directed nature of defamation or insult, such as cross-burning or desecration of religious symbols

__________________

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.

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×

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

  • Terminology/Scope: Defamation is used as a general descriptor for the base offense, not (and not limited to) the specific specific act (still defined in several states’ criminal codes) of impugning the chastity of any woman (married or unmarried). Synonymous terms for this base crime of defamation depend, in part, on the mode of communication, libel referring to defamatory remarks in print/written media and slander to the spoken (and broadcast) word. Other generally synonymous terms include insult, calumny, and traducement.
  • Include: Defamation due to the victim’s ascribed characteristics or attributes, ascribed beliefs or values,26 or personal or family honor/dignity; defamation where the basis for the insult is not recorded

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

  • Terminology/Scope: Covers discrimination based on ascribed beliefs and values and based on ascribed attributes and characteristics. Covers both individuals and collectives/groups of individuals as victims.
  • Include: Employment or wage discrimination; housing discrimination

2.12

Acts that trespass against the person

__________________

26Beliefs or values refers, at minimum, to one’s religious beliefs, political views, or social/economic views.

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×

Unlawful and unwarranted intrusion of the privacy or other rights of a person

2.12.1

Invasion of privacy

Invasion or intrusion of privacy, not amounting to identity theft, harassment, or other defined crimes

  • Include: Violation of privacy; violation of secrecy of mail; phone tapping; invasion of solitude or private concerns; interfering with mail

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

  • Include: Unlawful use of a human corpse; abuse of human corpse, not amounting to necrophilia; trafficking in body parts not amounting to trafficking in persons for organ or tissue removal; destruction of a grave; grave digging

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

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

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

__________________

27Sexual penetration is the penetration (however slight) of the vulva, anus, or mouth with any body part or object.

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×

3.1.2

Rape without force

Sexual penetration without valid consent inflicted upon a person without actual or threatened physical force

  • Include: Drug- or alcohol-facilitated rape, in which the victim is temporarily unable to express consent or nonconsent; rape of an unconscious or sleeping person; procuring sex through deception; procuring sex under coercion or through abuse of a position

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

  • Include: Rape of a child, or of a minor below the applicable age of legal consent;28 sexual intercourse with a person physically or mentally incapable of consent

3.1.4

Threat of rape

Material threat of rape, not amounting to either a completed act or an incomplete attempt

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

3.2.1

Physical sexual assault

Sexual assault with physical contact of a person

__________________

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.

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×
  • Include: Sexual assault of a child, or of a minor below the applicable age of legal consent;29 child sexual abuse or molestation of a child; unwanted groping or fondling; drug- or alcohol-facilitated sexual assault; sexual assault against a helpless person; sexual assault by abuse of position

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

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

  • Include: Voyeurism;30 video voyeurism or other unwanted taking or distribution of sexual images under circumstances in which the victim has a reasonable expectation of privacy

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)

  • Include: Recruiting, enticing, or procuring a person into prostitution; pimping; pandering; keeping, managing, or knowingly financing a brothel; knowingly letting or renting a building or other place for the purpose of the prostitution of others

__________________

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.

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×

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)

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

  • Include: Possession of child pornography; sharing child pornography; creating child pornography; downloading child pornography; procuring sexual images or other forms of child abuse materials from children

3.5.2

Child prostitution, production and provision

Acts of recruiting, enticing, and/or procuring a child into prostitution

  • Include: Recruiting, enticing, or procuring a child into prostitution; pimping; keeping, managing, or knowingly financing a brothel for child prostitution; knowingly letting or renting a building or other place for the purpose of child prostitution

3.5.3

Child prostitution, procurement

Procuring sexual services of a child prostitute

  • Include: Paying for sexual services of a child; establishment of contact with a child for sexual purposes, including luring or enticement contacts conducted via the Internet

__________________

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.

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×

3.5.4

Other sexual exploitation of children

Sexual exploitation of children not previously described

  • Include: Sexual grooming of children, or the establishment of contact with a child to expose him or her gradually to sexually explicit material for eventual (but not immediate) sexual purposes; child sex tourism32

3.6

Other injurious acts of a sexual nature

Injurious acts of a sexual nature not previously described

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

  • Terminology/Scope: Synonymous with theft with violence; includes the use of force or threat of force against a person during the course of a residential burglary or home invasion

4.1.1

Robbery from the person

Robbery of personal property33 with direct contact with the victim

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

__________________

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.

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×
  • Terminology/Scope: Includes vehicular hijacking where that term is defined to include only the taking of the vehicle and not the operator or occupants
  • Include: Carjacking (including robbery of a taxi); vehicular hijacking (when defined to include only the taking of the vehicle)

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

  • Include: Robbery of valuables in a vehicle in transit; robbery of a security van; robbery in or from a railway

4.1.4

Robbery of an establishment or institution

Robbery of any public or private establishment or institution

4.1.5

Robbery of livestock

Robbery of livestock from the animal caretaker

  • Include: Robbery of cattle, goats, sheep, chickens, or other livestock

4.1.6

Other acts of robbery

Acts of robbery not previously described

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

  • Terminology/Scope: Terroristic threat includes aborted, failed, or thwarted attempts to cause serious harm or inconvenience to people that do not result in actual harm; if such actions are completed, other crime types (homicide or assault) would apply
Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×
  • Include: Bomb threats, unlawful pulling of fire alarms, or other declared threats, involving mass evacuation of buildings or prompting (under false pretenses) law enforcement, firefighter, or other emergency response

4.3

Other acts against property involving violence against a person

Acts against property involving violence against a person not previously described

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

  • Terminology/Scope: Synonymous with breaking and entering; consistent with unlawful entry with intent to commit an offense and access by deception, where those terms are used

5.1.1

Burglary of business premises

Burglary of business premises34

  • Include: Breaking and entering business premises; unlawful entry into a business with intent to commit an offense; smash-and-grab from display cases and the like; use of heavy vehicle to breach windows or doors

__________________

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.

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×

5.1.2

Burglary of residential/private premises

Burglary of residential/private premises35

  • Include: Breaking and entering residential premises; unlawful entry into residential premises with intent to commit an offense; breaking, entering, and stealing from residential premises; theft by burglary of a dwelling; burglary of a shed/garage; housebreaking; burglary of mobile homes or seasonal homes

5.1.3

Burglary of public premises

Burglary of public premises36

  • Include: Breaking and entering public premises; unlawful entry into public property with intent to commit an offense

5.1.4

Other acts of burglary

Acts of burglary not previously described

  • Include: Burglary of premises that cannot be identified as public, private, or business

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

  • Terminology/Scope: Covers taking or obtaining of property from premises where entry was lawfully obtained

__________________

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.

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×

5.2.1

Theft of a motorized vehicle or parts thereof

Theft of a motorized vehicle or parts of a motorized vehicle

5.2.1.1

Theft of a motor vehicle

Theft of a motor vehicle, not in the immediate presence of its owner or occupants

  • Include: Larceny of a car, van, or truck; theft of a motorcycle

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

  • Include: Joyriding

5.2.1.3

Theft of parts of a motor vehicle

Theft of parts of a motor vehicle that runs on the road

  • Include: Theft of car tires, motors, transmission, window, etc.

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

  • Include: Theft of boat or aircraft; theft of boat or aircraft parts

5.2.2

Theft of personal property

Theft of personal property

5.2.2.1

Theft of personal property from a person

Theft of personal property carried on a person

  • Include: Pickpocketing; bag snatching not amounting to robbery

5.2.2.2

Theft of personal property from a vehicle

Theft of personal property from a vehicle

  • Include: Theft of a purse in a vehicle; theft of a geographic positioning system (GPS) device; siphoning gas or oil
Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×

5.2.2.3

Other theft of personal property

Theft of personal property not previously described

  • Include: Theft without breaking and entering; theft of property outside of the dwelling (e.g., theft from curtilage); theft from garages, or sheds and lock-ups with no connecting door to a dwelling; theft of pet

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

  • Terminology/Scope: Important and meaningful subsets of this kind of theft can be recovered through reference to characteristics of the offender and the victim/offender relationship as called for in the companion list of attributes
  • Include: Shoplifting, or the theft of merchandise from a shop or retail premises; pilferage from business, or the theft of merchandise or business/office supplies by employees; gas siphoning/theft from gas stations; dine-and-dash, or leaving a restaurant without payment

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

5.2.5

Theft of livestock

Theft of livestock

  • Include: Theft of cattle, goats, sheep, chickens, or other livestock

5.2.6

Theft of services

Theft of services

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×
  • Include: Theft of electric power, water, or other utility services; theft of television/cable signals; fare evasion from taxis or public transit services; avoiding payment for services, including through tampering with utility meters; criminal tampering with utilities or health/safety services (with intent to cause impairment or interruption of services to others)

5.2.7

Other theft

Theft of property not previously described

  • Include: Theft of medical records or medical information; theft of wiring/pipes (for metal content) from structures; theft of mail or parcels; theft by conversion

5.3

Acts against computer systems

Unauthorized access,37 interception, interference, or misuse of computer data or computer systems

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

  • Include: Hacking; access to a computer system without right

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

5.3.2.1

Unlawful interference with a computer system

Unlawful acts hindering the functioning of a computer system

__________________

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.

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×
  • Include: Hindering the functioning of a computer system; denial of service attack; computer system damage; introduction of malware to a computer system

5.3.2.2

Unlawful interference with computer data

Acts involving damage, deletion, deterioration, alteration, or suppression of computer data without authorization or justification

  • Include: Damage, deletion, alteration/corruption, or suppression of computer data; deleting computer system files without authorization

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

  • Include: Interception of computer data without right; recording transmissions without right within a wireless network; copying computer files without authorization

5.3.4

Other acts against computer systems

Acts against computer systems not previously described

  • Include: Production, sale, procurement, import, distribution, or possession of tools for computer misuse

5.4

Intellectual property offenses

The unlawful copying, use, reproduction, or other infringement inflicted upon copyrights, patents, trademarks, or other intellectual property

  • Include: Copyright infringements; computer software piracy; industrial espionage not amounting to forgery or counterfeiting
Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×

5.5

Property damage

Destruction, damage, or defacement of property

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)

  • Include: Malicious burning

5.5.1.1

Arson of personal/residential property

Arson of personal property, including of residential premises

5.5.1.2

Arson of business or other nonpublic establishment property

Arson of property or structures belonging to businesses or other nonpublic establishments

5.5.1.3

Arson of public property

Arson of public property or structures

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

5.5.3

Other damage of property

Intentional destruction, damage, or defacement not previously described

  • Include: Malicious or criminal mischief (where defined as a property crime, alongside arson and reckless burning, in some states); intentional setting of a wildfire or forest fire; vandalism; graffiti; sabotage not amounting to dangerous or negligent act; illegal inundation; vehicular hit-and-run causing property damage; willful damage to a motor vehicle; desecration of venerated objects (e.g., public monuments, headstones, memorial markers)
Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×

5.6

Other acts against property only

Acts against property only not previously described

  • Include: Unlawful appropriation of property; squatting; unlawful acquisition of housing or land; criminal trespass; forcible entry and occupation
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

  • Include: Drug possession; drug use

6.2

Unlawful cultivation or production of controlled drugs

Unlawful cultivation, production, manufacture, extraction and preparation of controlled illicit drugs or precursors39

  • Include: Drug cultivation; drug production

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

  • Terminology/Scope: Covers the offering for sale, distribution, or purchase of both controlled drugs or precursors, as well as the facilitation of a drug trafficking operation

6.3.1

Street-level selling of quantities of controlled drugs suitable for personal consumption

__________________

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.

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×

The illicit selling, distributing, marketing, advertising, purchase or sale of minor quantities of controlled drugs or precursors

  • Include: Street-level drug dealing; drug possession with intent to sell; drug pushing; retail selling of drugs through use of the Internet

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

  • Include: Drug dealing in wholesale quantities; drug trafficking; organizing, supervising, or managing a drug distributing enterprise; drug mules

6.4

Unlawful acts involving drug equipment or paraphernalia

Illicit acts involving possession or use of drug equipment or paraphernalia

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

  • Include: Issuing, handling or dealing in forged or altered prescriptions; violations related to trafficking of material purported to be a controlled substance (e.g., counterfeit controlled drugs); unlawful advertising or promotion of controlled drugs, or violation of other controlled substance legislation
Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×

7

ACTS INVOLVING FRAUD, DECEPTION, OR CORRUPTION

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

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

  • Include: Fraud involving the transfer or trading of securities, commodities/options, or real estate; fraud involving consumer products or services in which the products are worthless or nonexistent or the services are not rendered as described (including fake insurance or mortgage relief scams, fake credit cards or lines of credit, or phishing websites seeking payment in return for technical support); fraud involving fake prizes or grants (including lottery fraud and inheritance scams); fraud involving phantom debt collection (e.g., impersonating courts or the Internal Revenue Service in securing payment of false “back taxes”); fraud involving fake contributions to charities, nonprofit organizations, disaster relief, or the like

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.

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×
  • Terminology/Scope: May describe both individual offenses or a course of conduct of related offenses/acts

7.1.3

Fraud against businesses or establishments, including nonprofit organizations

Fraud against nongovernmental businesses or organizations

  • Include: Fraudulent acts perpetrated by employees, including misappropriation of assets or corruption not amounting to other crimes; fraud committed by external perpetrators against businesses or establishments, including insurance or bank fraud or fraudulent suppliers

7.1.4

Fraud against government agencies

Fraud against government agencies, programs, or regulations, not amounting to other defined crimes

  • Terminology/Scope: Covers general fraudulent acts not amounting to other related crimes, as in distinguishing between fraudulent tax preparation/filing and tax evasion (latter covered in 8.4.1) or in distinguishing between fraudulent use of postage and the counterfeiting/forgery of stamps (latter covered in 7.2.1); insider trading (technically fraud against government agencies) is separately handled inline with market manipulation in 8.4.6
  • Include: Welfare fraud; Medicare/Medicaid fraud

7.1.5

Other types of fraud

Other types of fraud not previously defined

  • Include: Employment fraud against an individual, such as work-at-home scams or fake employment/business opportunities; relationship and trust fraud, in which the expected benefit/outcome is fostering a relationship

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

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×

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

  • Include: Counterfeiting coins or notes; counterfeiting stamps or tickets; possession of an article for the creation of counterfeit means of payment; counterfeit means of payment other than cash

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

  • Include: Fraudulent making or altering of notes and coins; fraudulent making, receiving, obtaining, or possession of instruments, articles, computer programs, and other means for counterfeiting or altering notes and coins; import, export, transport, receiving or obtaining of counterfeit notes and coins with the knowledge that the materials are counterfeit

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

  • Include: Fraudulent making or altering of noncash forms of payment; fraudulent making, receiving, obtaining, or possession of instruments, articles, computer programs, and other means for counterfeiting or altering noncash forms of payment; import, export, transport, receiving, or obtaining of counterfeit noncash payment with the knowledge that it is counterfeit

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.

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×
  • Include: Counterfeit product offenses (including bags, shoes, medicines, and prescription goods); possession of an article for creation of counterfeit goods or instruments; counterfeit medicines; counterfeiting pharmaceutical products

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

  • Include: Forging or counterfeiting documents; forging or counterfeiting passports; forging a visa or creating a counterfeit visa; forging signatures; fraudulent making, receiving, obtaining, or possession of instruments, articles, computer programs and other means for counterfeiting or altering documents; import, export, transport, receiving, or obtaining of counterfeit documents with the knowledge that they are counterfeit

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

7.3

Corruption

Unlawful bribery or embezzlement, or other abuse of authority or office, to procure some benefit either personally or for someone else

  • Terminology/Scope: Reference to “authority” includes business/private sector actors (in addition to “office,” which covers public and government officials at all levels)

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

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×
  • Terminology/Scope: The person who is the focus or target of bribery may be, among others: a public official, an officer or a worker in a private sector enterprise, or an official or participant in a sporting event. The offense of bribery applies to both principal actors in the exchange: The promising, offering, or giving of an undue advantage or thing of value constitutes active bribery, while the acceptance (or solicitation) of such a bribe constitutes passive bribery (or, colloquially, receiving a bribe).
  • Include: Receiving unlawful gratuities or gifts; commercial bribery; sports bribery or the rigging of contests

7.3.2

Embezzlement

The fraudulent taking of money or property entrusted to one’s care, without permission, to one’s own use

  • Terminology/Scope: Includes any misappropriation or diversion of any money, property, or thing of value by a public official or a person who directs or works in a private sector entity, when such thing of value was entrusted to the public or private official by virtue of his or her position
  • Include: Embezzlement in the public sector; embezzlement in the private sector; misappropriation; dishonest conversion

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

  • Include: Abuse of function; nepotism; abuse of authority; abuse of public office; abuse of official position

7.3.4

Trading in influence

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×

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

  • Include: Trading in influence

7.3.5

Other acts of corruption

Act of corruption not previously described

  • Include: Conflict of interest; dishonest appropriation

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

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

  • Include: Unlawful conversion or transfer of property; illicit concealment or disguise of property-related information; illicit acquisition, possession, or use of laundered property; “self-laundering”; concealment or continued retention of the proceeds of crime

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

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×
  • Include: Illicit trafficking in cultural property; cultural and artistic property offenses not amounting to theft or property damage

7.4.3

Fencing stolen goods

Receiving, handling, disposing, selling/resale, or trafficking of stolen goods

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

  • Include: Possession of stolen goods or money; using stolen parts for producing other goods (car rebirthing); concealment of stolen goods
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

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

  • Include: Riot, and inciting riot; violent disorder; affray; public fight; hooliganism; violent behavior at sporting events

8.1.2

Acts related to social public order norms and standards

Unlawful acts contrary to social public order norms and standards

  • Include: Public drunkenness or disorderly intoxication; disorderly conduct; causing public nuisance; offensive language or behavior, pursuant to applicable state law; unlawful vagrancy or begging; litter offenses; disturbing religious assemblies; loitering or prowling; violations of noise or curfew regulations
Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×

8.1.3

Other acts against public order behavioral standards

Unlawful acts contrary to public order behavioral standards not previously described

  • Include: Organizing a riot or unlawful assembly; joining a riot or unlawful assembly; hiring a person to join a riot or unlawful assembly; owning or occupying the property where an unlawful assembly is held

8.2

Acts against public order sexual standards

Unlawful acts contrary to legal or regulatory standards concerning sexual behavior

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

  • Include: Unlawful sex tourism not amounting to child sex tourism

8.2.2

Pornography offenses

Unlawful acts related to pornography

  • Include: Procuring, arranging, facilitating, or controlling a person for illicit pornography, not amounting to trafficking in persons for sexual exploitation; unlawful production, creation, distribution, dissemination, broadcast, transmission, sale, or possession of illicit pornography

8.2.3

Other acts against public order sexual standards

Unlawful acts contrary to accepted public order sexual standards not previously described

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×
  • Include: Unlawful simultaneous marriage or cohabitation (i.e., bigamy or polygamy); unlawful adultery; incest or familial sexual offenses not amounting to rape or sexual assault; unlawful forms of consensual sexual intercourse, not amounting to injurious acts of a sexual nature; bestiality; necrophilia; public indecency, indecent exposure, or other unlawful behaviors deemed “lewd and lascivious conduct”; unlawful exhibitionism; unlawful distribution, promotion, or production of material in violation of regulations against obscenity, not amounting to pornography

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

8.3.1

Acts against freedom of expression

Acts aimed at restricting or suppressing others’ exercise of the freedom of expression

  • Include: Unlawful censorship; unlawful restrictions on freedom of speech; unlawful restrictions on freedom of art

8.3.2

Acts related to violations of controlled expressions

Exercising one’s personal freedom of expression in an unlawful way

  • Terminology/Scope: Category is included for sake of completeness/consistency—covering, for instance, the canonical example of shouting “fire!” in a crowded theater, where the speech action does not amount to some other defined crime—though its occurrence in the U.S. system should be exceedingly rare
  • Include: Violations of legally defined “buffer zones” of controlled expression, as around funerals

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

  • Terminology/Scope: Covers offenses against public revenue or regulatory provisions by both natural/legal persons and by businesses, corporations, or other establishments
Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×

8.4.1

Tax evasion, and other acts against taxation provisions

Acts against state, federal, or other taxation provisions

  • Include: Tax evasion

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

  • Include: Unlawful market manipulation or insider trading43; insider dealing; improper disclosure of market-relevant information; misuse of market-relevant information; manipulating market transactions; price fixing; antitrust violations

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

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

  • Include: Illegal brewing or distilling not for personal consumption; criminal violation of restrictions on the procurement or distribution of alcohol or tobacco products, not amounting to customs/international commerce violations; unlawful promotion or advertising of alcohol or tobacco products

8.4.3.2

Acts against regulations on gambling

Acts against regulations, restrictions, or prohibitions on betting, gambling, or gaming

  • Include: Betting and gambling offenses; offenses related to unlawful conduct or facilitation of lotteries

__________________

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.

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×

8.4.4

Customs violations

Violations of customs regulations, involving the unlawful movement of goods across a customs frontier

  • Include: Smuggling of goods;44 illegal traffic in contraband; entry of goods under false statements or claims

8.4.5

Other violations of public revenue and regulatory provisions

Other violations of public revenue regulations or other public administration regulations

  • Include: Corporate or company offenses, including competition and insolvency/bankruptcy offenses, not amounting to other defined crimes; unlawful investment, or stock/shares offenses, not amounting to fraud; usury; misuse of confidential (nonpublic) information by a public servant, not amounting to insider trading, identity theft, invasion of privacy, espionage, or other offenses

8.5

Acts related to migration

Unlawful acts related to migration

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

  • Include: Smuggling of migrants offenses; harboring smuggled migrants

8.5.2

Unlawful entry/border crossing

Unlawful crossing of the U.S. national border and violation of visa and visit provisions

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

__________________

44Smuggling refers to such customs fraud/unlawful movement of goods across a customs frontier when it is done in any clandestine manner.

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×

8.5.4

Other unlawful acts related to migration

Unlawful acts related to migration not previously described

8.6

Acts against the justice system

Acts contrary to the operation of the law enforcement or justice system

8.6.1

Obstruction of justice

Acts intended to obstruct, subvert, mislead, or impede justice procedures

  • Include: Accessory to crime,45 accessory after the fact, or other forms of aiding and abetting; failure to appear before court or comply with jury summons; perjury/giving false testimony; destroy, damage, fabricate, or tamper with evidence; prevent, threaten, deceive, tamper with, or retaliate against a witness or informant, threaten or intimidate a justice or law enforcement official; feigning commission of a crime; failure to report a crime; giving false information; attempt to influence a fair trial

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

  • Include: Violations of correctional regulations, including escape (from custody, house arrest, etc.) and within-institution policies; breach of probation and post-incarceration supervision conditions; violation of court orders and court-imposed sanctions, including breach of bail conditions, child custody orders, restraining and protective orders, and sex offender registration rules; resisting arrest; contempt/insult of court

__________________

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.

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×

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

  • Terminology/Scope: Known, generally, as inchoate offenses
  • Include: Conspiracy;46 criminal facilitation;47 criminal solicitation or incitement;48 criminal attempt (where defined as separate offense);49 possession of instruments or tools with intent to use them criminally (e.g., burglars’ tools, tasers/electronic incapacitation devices, body armor)

8.6.4

Other acts against the justice system

Acts contrary to the operation of the law enforcement or justice system not previously described

8.7

Acts related to elections

Acts related to democratic elections

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

  • Include: Vote buying; vote coercion; intimidation of voters

8.7.2

Other acts related to democratic elections

__________________

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.

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×

Acts related to democratic elections not previously described

  • Include: Electoral fraud; violating campaign finance laws; unlawful manipulation of the democratic process during elections

8.8

Acts contrary to labor law

Criminal acts contrary to labor law

  • Terminology/Scope: Covers employment/labor law offenses or industrial law offenses generally, not amounting to harassment, discrimination, or other criminal offenses; covers violations of minimum wage offenses and enforcement of child/underage labor restrictions

8.8.1

Collective labor law violations

Criminal acts contrary to collective labor law

  • Include: Acts against collective bargaining; union offenses

8.8.2

Individual labor law violations

Criminal acts contrary to individual labor law

  • Include: Wage and contract offenses; wrongful transfer from work and wrongful dismissal

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

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

8.9.1.1

Status offenses committed by juveniles

Status offenses committed by juveniles

  • Include: Youth curfew violations; drinking age violations (consumption); truancy
Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×

8.9.1.2

Status offenses committed upon juveniles

Status offenses committed upon juveniles

  • Terminology/Scope: “Child abuse” is not separately defined in this categorization; instead, elements of what various state laws may separately label “child abuse” expected to be classified under the relevant, base crime types—assault against a child, unlawful restraint, and negligence against children under care. That said, this category for status offenses may include elements that may be deemed “child abuse” in some state laws (e.g., contributing to delinquency) but that do not square with other crime types in this taxonomy.
  • Include: Contributing to delinquency of minors; violating compulsory school attendance laws/fostering truancy; drinking age violations (providing to minors); tattooing or performing body piercing on a minor without the consent of a parent or legal guardian; underage marriage

8.10

Other acts against public order and authority

Acts against public order and authority not previously described

  • Include: Criminal provisions relating to family law not covered elsewhere in this classification, including spousal abandonment (distinct from child abandonment or abandonment of a dependent under care); not declaring a birth, or not giving a child one has found, to the proper authorities; violations of offenses related to the postal service, including obstruction or destruction of mail, not amounting to other criminal offenses
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

9.1.1

Unlawful possession or use of weapons and explosives

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×

Unlawful possession or use of regulated or prohibited firearms, their parts and components, ammunition, other weapons, or explosives

  • Include: Possessing prohibited firearms, their parts and components or ammunition, other weapons such as gas, explosives, or chemical, biological, or radioactive materials; unlawfully obtaining or using without a permit; illegal discharge

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

  • Include: Unlawful carrying or possessing a handgun without a license; unlawful possession of prohibited firearms; unlawful violation of concealed carry (or open carry) laws; illegal discharge of a firearm, not amounting to some other criminal offense

9.1.1.2

Unlawful possession or use of other weapons or explosives

Unlawful possession or use of regulated or prohibited weapons or explosives

  • Include: Possessing prohibited or unregistered weapons not amounting to a firearm; obtaining or using explosives without a permit

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

  • Include: Obtaining or possessing prohibited or unregistered materials

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

  • Include: Falsifying, obliterating, removing, or altering markings on a firearm or components; fireworks offenses

9.1.2

Trafficking of weapons and explosives

Trafficking of weapons and/or explosives

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×
  • Terminology/Scope: In this class, “trafficking” is meant to connote unlawful movements, sales, trades, and so forth
  • Include: Manufacturing and trafficking of firearms, parts, components and ammunition, regulated or prohibited weapons or explosives, chemical, biological, or radioactive materials; selling without a dealer’s license or to an unlicensed person, unlicensed importing/exporting

9.1.2.1

Trafficking of firearms

Trafficking of firearms, their parts and components, and ammunition

  • Include: Manufacturing and trafficking of firearms, parts, components, and ammunition; trafficking in firearms

9.1.2.2

Trafficking of other weapons or explosives

Trafficking of regulated or prohibited weapons or explosives

  • Include: Manufacture, production or trafficking of prohibited weapons or explosives

9.1.2.3

Trafficking of chemical, biological, or radioactive materials

Trafficking of regulated or prohibited chemical, biological, radioactive, or nuclear materials

  • Include: Manufacture, production or trafficking of chemical, biological, or radioactive materials

9.1.2.4

Other acts related to trafficking of weapons and explosives

Trafficking of weapons and explosives not previously described

9.1.3

Other acts relating to weapons and explosives

Acts relating to weapons and explosives not previously described

9.2

Acts against national security

Acts directed against the integrity of the nation

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×
  • Include: Treason; insurrection; usurpation of government; sedition; spying; disclosure of official secrets; conspiracy against government; offenses against government security or operations; military service offenses not amounting to war crimes or to other defined criminal offenses; sabotage; unlawful acts against national or state officials not amounting to other offenses such as assault or threat

9.3

Acts related to organized criminal groups

Participation in the activities of an organized criminal group50

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

  • Include: Racketeering offenses, including the extortion of money or goods from businesses by intimidation or the threat of violence as well as demonstration of a course of conduct of offenses to perpetuate the work of a criminal syndicate or similar group

9.3.2

Other acts related to an organized criminal group

Acts related to an organized criminal group not previously described

9.4

Terrorism

Participation in the activities of a terrorist group or other acts related to terrorist offenses

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

  • Include: Participation or membership in a terrorist group

9.4.2

Financing of terrorism

__________________

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.

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×

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)

  • Include: Financing terrorism; financing terrorist groups

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

  • Include: Recruitment or training for terrorism; incitement to terrorism
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

10.2

Acts involving the movement or dumping of waste

Acts involving the illegal movement or dumping of waste

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

  • Terminology/Scope: Includes illicit trafficking in related flora and fauna products, such as ivory trafficking, that does not amount to controlled substance offenses

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

10.4.1

Illegal logging or mining

Unlawful extraction, cutting, harvest, transportation, purchase, or sale of timber or minerals

__________________

51Pollution is the direct or indirect contamination of the indoor or outdoor environment by any chemical, physical, or biological agent.

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×
  • Include: Illegal logging; illegal slash and burn; trafficking of precious minerals; illegal mining; mining in the absence of land rights or mining licenses; mining in violation of environmental or safety standards

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

  • Include: Illegal hunting; illegal fishing; poaching

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

  • Include: Gross neglect of an animal or pet (e.g., failure to provide food or care); intentional abuse of animals; unlawful organized animal abuse, such as cockfighting or dog fighting; animal sexual abuse (bestiality/zoophilia)

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

  • Include: Smuggling or unlawful use of ozone depleting substances
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

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×
  • Include: Fraudulent enlistment or appointment in, or separation from, the armed forces; desertion; absence without leave; insubordination/willfully disobeying a superior commissioned officer; aiding the enemy, not amounting to sabotage or other offenses; malingering;52 conduct unbecoming an officer and a gentleman, as a general criminal offense

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

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

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

  • Include: Any act of voluntary participation in the operation of a ship or of an aircraft with the knowledge of facts making it a pirate ship or aircraft; any act of inciting or of intentionally facilitating an act of piracy; privateering; unlawful commandeering

__________________

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.

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
×

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

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

  • Include: Unlawful killing, causing or intending to cause death, or serious injury associated with armed conflict; unlawful destruction or damage to property associated with armed conflict; sexual violence associated with armed conflict; acts against liberty or human dignity associated with armed conflict (including treatment of prisoners of war); conscripting or enlisting child soldiers; other war crimes

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.

Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
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Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
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Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
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Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
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Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
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Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
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Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
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Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
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Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
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Suggested Citation:"Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime." National Academies of Sciences, Engineering, and Medicine. 2016. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime. Washington, DC: The National Academies Press. doi: 10.17226/23492.
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Next: Appendix E: Biographical Sketches of Panel Members and Staff »
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To derive statistics about crime – to estimate its levels and trends, assess its costs to and impacts on society, and inform law enforcement approaches to prevent it – a conceptual framework for defining and thinking about crime is virtually a prerequisite. Developing and maintaining such a framework is no easy task, because the mechanics of crime are ever evolving and shifting: tied to shifts and development in technology, society, and legislation.

Interest in understanding crime surged in the 1920s, which proved to be a pivotal decade for the collection of nationwide crime statistics. Now established as a permanent agency, the Census Bureau commissioned the drafting of a manual for preparing crime statistics—intended for use by the police, corrections departments, and courts alike. The new manual sought to solve a perennial problem by suggesting a standard taxonomy of crime. Shortly after the Census Bureau issued its manual, the International Association of Chiefs of Police in convention adopted a resolution to create a Committee on Uniform Crime Records —to begin the process of describing what a national system of data on crimes known to the police might look like.

The key distinction between the rigorous classification proposed in this report and the “classifications” that have come before in U.S. crime statistics is that it is intended to partition the entirety of behaviors that could be considered criminal offenses into mutually exclusive categories. Modernizing Crime Statistics: Report 1: Defining and Classifying Crime assesses and makes recommendations for the development of a modern set of crime measures in the United States and the best means for obtaining them. This first report develops a new classification of crime by weighing various perspectives on how crime should be defined and organized with the needs and demands of the full array of crime data users and stakeholders.

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