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Appendix D: Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime
Pages 203-258

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From page 203...
... –D– Detailed Definitions and Exclusions, Panel's Proposed Classification of Crime 203
From page 204...
... 4 Voluntary 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. 5 Honor crime/violence is violence against a person by one or more of their relatives (or other closely associated persons)
From page 205...
... 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. 8 Negligence 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.
From page 206...
... 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 10 A 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.
From page 207...
... 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)
From page 208...
... 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)
From page 209...
... 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 13 Minor 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 209 that level)
From page 210...
... or through overtly communicating that one is armed with a deadly weapon; see, e.g., Colorado Revised Statutes (2014)
From page 211...
... • 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 16 We 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 211 work in individual jurisdictions.
From page 212...
... • 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 MODERNIZING CRIME STATISTICS -- REPORT 1
From page 213...
... • 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 213
From page 214...
... 214 Table D.1 (continued) 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 MODERNIZING CRIME STATISTICS -- REPORT 1
From page 215...
... : 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 17 In 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. 18 Duty to care, generally, is the requirement that a person act toward others and the public with the watchfulness, attention, caution and prudence that a 215 reasonable person in the circumstances would.
From page 216...
... 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 19 A 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 MODERNIZING CRIME STATISTICS -- REPORT 1 were withdrawn.
From page 217...
... 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 20 Adulteration (of food or medicine)
From page 218...
... 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)
From page 219...
... , 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 24 Sexual 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. 25 Bullying is a variant of harassment in which the offender exploits a real or perceived imbalance of power (either physical or social)
From page 220...
... 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)
From page 221...
... Table D.1 (continued) Unlawful and unwarranted intrusion of the privacy or other rights of a person 2.12.1 Invasion of privacy APPENDIX D 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 221 27 Sexual penetration is the penetration (however slight)
From page 222...
... 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 28 In 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)
From page 223...
... • 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 29 Such offenses may be known as statutory sexual assault, statutory sexual seduction, or the like in state criminal codes. 223 30 Voyeurism refers to obtaining sexual gratification by observing unsuspecting individuals who are partly undressed, naked, or engaged in sexual acts.
From page 224...
... 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 31 Pornography 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)
From page 225...
... 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 32 Child 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. 225 33 Personal property refers generally to any asset of or held by a person, other than real estate.
From page 226...
... ; 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)
From page 227...
... law enforcement, firefighter, or other APPENDIX D 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 34 Business premises refer to the structure or land on which a commercial or industrial enterprise is located and includes office buildings, shops, clubs, 227 banks, factories, service stations, hotels, malls, retail stores, farm land, warehouses, and other land or buildings.
From page 228...
... 36 Public premises refers to structures or lands owned by the government or other public bodies; accordingly, public property is property owned by MODERNIZING CRIME STATISTICS -- REPORT 1 government or other public bodies other than real estate.
From page 229...
... 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; 229 siphoning gas or oil
From page 230...
... ; 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 MODERNIZING CRIME STATISTICS -- REPORT 1
From page 231...
... 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 37 Access, 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 231 any resources of computer systems or their accessories.
From page 232...
... 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 MODERNIZING CRIME STATISTICS -- REPORT 1
From page 233...
... • 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)
From page 234...
... . 39 Precursors are substances frequently used in the illicit manufacture of such narcotics and psychotropic substances, and may include chemicals and MODERNIZING CRIME STATISTICS -- REPORT 1 solvents.
From page 235...
... ; unlawful advertising or promotion of controlled drugs, or violation of other controlled substance legislation 235
From page 236...
... ; 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 40 Deceit refers to misrepresenting, concealing, or omitting facts about promised goods, services, or other benefits or consequences. 41 Personal identifying information is any information that can be used alone or in combination to identifya specific person, such as Social Security number, date of birth, passport/driver's license number and information, and person-specific passwords or pass codes.
From page 237...
... 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 237
From page 238...
... or coins, such as credit cards, checks, virtual currencies, and debit cards.
From page 239...
... ; possession of an article for creation of counterfeit goods or instruments; counterfeit medicines; APPENDIX D 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 239
From page 240...
... . • 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 MODERNIZING CRIME STATISTICS -- REPORT 1
From page 241...
... Table D.1 (continued) 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 APPENDIX D 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 241
From page 242...
... ; 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 MODERNIZING CRIME STATISTICS -- REPORT 1
From page 243...
... Table D.1 (continued) 8.1.3 Other acts against public order behavioral standards Unlawful acts contrary to public order behavioral standards not previously described APPENDIX D • 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 243
From page 244...
... ; 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.
From page 245...
... Table D.1 (continued) 8.4.1 Tax evasion, and other acts against taxation provisions Acts against state, federal, or other taxation provisions APPENDIX D • 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 43 Insider trading refers to possessing inside information and using that information by acquiring or disposing of, for its own account or for the account of 245 a third party, directly or indirectly, financial instruments to which that information relates.
From page 246...
... 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 MODERNIZING CRIME STATISTICS -- REPORT 1 44 Smuggling refers to such customs fraud/unlawful movement of goods across a customs frontier when it is done in any clandestine manner.
From page 247...
... Table D.1 (continued) 8.5.4 Other unlawful acts related to migration Unlawful acts related to migration not previously described APPENDIX D 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.)
From page 248...
... 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 46 Conspiracy 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)
From page 249...
... Table D.1 (continued) Acts related to democratic elections not previously described • Include: Electoral fraud; violating campaign finance laws; unlawful manipulation of the democratic APPENDIX D 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)
From page 250...
... • 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)
From page 251...
... 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 251
From page 252...
... 252 Table D.1 (continued) • 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 MODERNIZING CRIME STATISTICS -- REPORT 1
From page 253...
... §§ 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 50 An 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 253 the aim of committing one or more serious crimes or offenses in order to obtain, directly or indirectly, a financial or other material benefit.
From page 254...
... • 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 MODERNIZING CRIME STATISTICS -- REPORT 1 51 Pollution is the direct or indirect contamination of the indoor or outdoor environment by any chemical, physical, or biological agent.
From page 255...
... ; 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.
From page 256...
... federal law (18 USC § 2340) with the draft ICCS definition; the federal definition extends "severe MODERNIZING CRIME STATISTICS -- REPORT 1 mental pain or suffering" by one person to include mental harm resulting from the threat of severe physical pain or suffering to another person.
From page 257...
... ; 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 54 This definition of genocide is adapted from that codified in U.S. federal law at 18 USC § 1091 (pursuant to 1988's P.L.


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