Classification of Crimes in Nevada

Uniformity in reporting under the Federal Bureau of Investigation’s Uniform Crime Reporting Program is based on the proper classification of offenses reported to or known by the police. The adoption of the National System of Uniform Crime Reporting includes the utilization of the offense classifications of that system. Law enforcement in this state has made accurate application of those classifications in the reports submitted to the Nevada Uniform Crime Reporting Program. In view of the need for compatibility with the National System, “offenses” under the program are not distinguished by designation of “misdemeanors,” "felonies” or violations of municipal ordinances. The explanations of offense classifications may vary slightly from language used by those familiar with Nevada State Law. However, the major categories of offense classification remain the same between the national and state level.

Offense data consists of information that has been extracted from reports of Part I crimes that have come to the attention of Nevada Law Enforcement Agencies. Part I crimes are comprised of the following offenses.

1. CRIMINAL HOMICIDE

1a. Murder and Non-Negligent Manslaughter - The willful (non-negligent) killing of one human being by another.

Includes any death due to a fight, quarrel, argument, assault or commission of a crime.

1b. Manslaughter by Negligence – The killing of another person through gross negligence. Deaths of persons due to their own negligence, accidental deaths not resulting from gross negligence, and traffic fatalities are not included.

2. RAPE

Note: In 2011, the FBI UCR Program revised the definition of rape for reporting purposes. As the offense is now defined, it is possible to report males and females as rape victims. The former (historical) definition used for rape was: The carnal knowledge of a female forcibly and against her will.

2a. Rape-Completed - Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

2b. Rape-Attempts to Commit Rape - Assaults and attempts to rape.

3. ROBBERY

The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force of threat of force or violence and/or by putting the victim in fear. Includes all attempts.

3a. Gun – Includes robberies and attempts in which any firearm is used as a weapon or employed as a means of force to threaten the victim or put the victim in fear. Attempts are included.

3b. Knife or Cutting Instrument – Includes robberies and attempts in which a knife, broken bottle, razor, ice pick, or other cutting or stabbing instrument is employed as a weapon or as a means of force to threaten the victim or put the victim in fear. Attempts are included.

3c. Other Dangerous Weapon – Includes robberies in which a club, acid, explosive, brass knuckles, Mace®, pepper spray, stun guns, Tasers®, or other dangerous weapon is employed or its use is threatened. Attempts are included.

3d. Strong Arm-Hands, Fists, Feet, etc. – Includes muggings and similar offenses in which only personal weapons such as hands, arms, feet, fists and teeth are employed or their use is threatened to deprive the victim of possessions. Attempts are included.

4. AGGRAVATED ASSAULT

An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. All assaults will be classified in the following categories excluding assaults with intent to rob or rape.

4a. Firearm – Includes all assaults and attempted assaults involving the use of any type of firearm (revolvers, automatic pistols, shotguns, zip guns, etc.)

4b. Knife or Cutting Instrument – Includes assaults wherein weapons such as knives, razors, hatchets, axes, cleavers, scissors, glass, broken bottles, arrows, and ice picks are used as cutting or stabbing objects or their use is threatened.

4c. Other Dangerous Weapon – Includes assaults resulting from the use or threatened use of any object as a weapon in which serious injury does or could result. The weapons in this category include, but are not limited to, Mace, pepper spray, clubs, bricks, jack handles, tire irons, bottles, or other blunt instruments used to club or beat victims. Attacks by explosives, acid, lye, poison, scalding, burnings, BB guns, pellet guns, Tasers®, stun guns, etc. are also included in this category.

4d. Hands, Fist, Feet, Etc (Aggravated Injury) - includes only the attacks using personal weapons such as hands, arms, feet, fists, and teeth, that result in serious or aggravated injury. Reporting agencies are to consider the seriousness of the injury as the primary factor in establishing whether the assault is aggravated or simple. The assault is aggravated if the personal injury is serious, for example, there are broken bones, internal injuries, or stitches required. Conversely, the offense is considered simple assault if the injuries are not serious (abrasions, minor lacerations, or contusions) and require no more than usual first-aid treatment.

5. BURGLARY

Breaking and Entering - Unlawful entry of a structure to commit a felony or theft.

Note: For Uniform Crime Reporting purposes the terms “Burglary” and “Breaking and Entering” are considered synonymous. All such offenses and attempts are scored as burglary. Breaking and Entering of a motor vehicle is classified as a larceny for Uniform Crime Reporting purposes. The UCR Program classifies offenses locally known as burglary (any degree), unlawful entry with intent to commit a larceny or felony, breaking and entering with intent to commit a larceny, housebreaking, safecracking, and all attempts at these offenses as burglary

5a. Forcible Entry - All offenses where force of any kind is used to unlawfully enter a structure for the purpose of committing a theft or felony. This definition applies when a thief gains entry by using tools, breaking windows, forcing windows, doors, transoms, or ventilators, cutting screens, walls, or roofs, and where known, using master keys, picks, unauthorized keys, celluloid, a mechanical contrivance of any kind (e.g., a passkey or skeleton key), or other devices that leave no outward mark but are used to force a lock. Agencies also include burglary by concealment inside a building followed by exiting the structure as burglary

5b. Unlawful Entry - No Force – All offenses when access is achieved by use of an unlocked door or window. The element of trespass to the structure is essential in this category, which includes thefts from open garages, open warehouses, open or unlocked dwellings, and open or unlocked common basement areas in apartment houses where entry is achieved by other than the tenant who has lawful access. Any unlawful entry without any evidence of forcible entry.

5c. Attempted Forcible Entry - This category includes those situations where a forcible entry burglary is attempted but unlawful entry is not achieved.

6. LARCENY-THEFT (except motor vehicle theft)

The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. Includes all larcenies and thefts resulting from pocket-picking, purse-snatching, shoplifting, larceny from a motor vehicle, larceny of motor vehicle parts and accessories, theft of bicycles, larceny from buildings, and from coin-operated machines.

7. MOTOR VEHICLE THEFT

The theft or attempted theft of a motor vehicle. This classification includes the theft or attempted theft of a motor vehicle which, for Uniform Crime Reporting designation, is described as a self-propelled vehicle that runs on the surface of the land and not on rails. Excludes reported offenses where there is a lawful access to the vehicle, such as a family situation or unauthorized use by others with lawful access to the vehicle (chauffeur, employees, etc.) Includes “Joy Riding.” Excluded from this category are airplanes, boats, farm equipment and heavy construction vehicles, which are scored in the larceny category.

8. ARSON

Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc. Arson reports are broken down into Structural, Mobile and Other. Structural - A permanently fixed house trailer or mobile unit used as an office, residence, or storehouse is considered structural property. Can be residential or nonresidential. Mobile – Motor vehicles and other mobile property such as trailers, airplanes, boats, etc. Other – Property such as crops, timber, fences, signs, and merchandise stored outside structures.

9. OTHER ASSAULTS - SIMPLE, NOT AGGRAVATED

Includes all assaults which do not involve the use of a firearm, knife, cutting instrument, or other dangerous weapon and in which the victim did not sustain serious or aggravated injuries. Examples of local jurisdiction offense titles that would be included in “other assaults” are: A. Culpable negligence B. Intimidation C. Coercion D. Stalking E. Hazing F. Resisting or obstructing an officer G. Minor assault H. Attempts to commit any of the above

10. FORGERY AND COUNTERFEITING

The altering, copying, or imitating of something, without authority or right, with the intent to deceive or defraud by passing the copy or thing altered or imitated as that which is original or genuine, or the selling, buying, or possession of an altered, copied, or imitated thing with the intent to deceive or defraud. In the majority of states, forgery and counterfeiting are treated as allied offenses. A. Altering or forging public or other records B. Making, altering, forging or counterfeiting bills, notes, drafts, tickets, checks, credit cards, etc. C. Forging wills, deeds, bonds, seals, trademarks, etc. D. Counterfeiting coins, plates, bank notes, checks, etc. E. Possessing or uttering forged or counterfeited instruments F. Erasures G. Signing the name of another or fictitious person with intent to defraud H. Using forged labels I. Possession, manufacture, etc., of counterfeiting apparatus J. Selling goods with altered, forged, or counterfeited trademarks K. All attempts to commit above

11. FRAUD

The intentional perversion of the truth for the purpose of inducing another person or other entity in reliance upon it to part with something of value or to surrender a legal right. Fraudulent conversion and obtaining of money or property by false pretenses. Fraud involves either the offender receiving a benefit or the victim incurring a detriment. The benefit or detriment could be either “tangible” or “intangible.” Intangibles are anything which cannot be perceived by the sense of touch. They can be benefits, e.g., a right or privilege, a promotion, enhanced reputation, or a detriment, e.g., loss of reputation, injured feelings. Includes: A. Bad checks, except forgeries and counterfeiting B. False pretenses/swindle/confidence games C. Leaving a full-service gas station without paying attendant D. Credit card/Automatic Teller Machine fraud 26 E. Impersonation F. Welfare Fraud G. Wire Fraud H. Attempts to commit any of the above

12. EMBEZZLEMENT

The unlawful misappropriation or misapplication by an offender to his/her own use or purpose of money, property, or some other thing of value entrusted to his/her care, custody, or control. Attempts are included.

13. STOLEN PROPERTY; BUYING, RECEIVING, POSSESSING

Included in this class are all offenses of buying, receiving, possessing, selling, concealing, or transporting any property with the knowledge that it has been unlawfully taken, as by burglary, embezzlement, fraud, larceny, robbery, etc. Attempts included.

14. VANDALISM

To willfully or maliciously destroy, injure, disfigure, or deface any public or private property, real or personal, without the consent of the owner or person having custody or control by cutting, tearing, breaking, marking, painting, drawing, covering with filth, or any other such means as may be specified by local law. This offense covers a wide range of malicious behavior directed at property, such as cutting auto tires, drawing obscene pictures on public restroom walls, smashing windows, destroying school records, tipping over gravestones, and defacing library books. Reporting agencies include attempts to commit any of the above.

15. WEAPONS; CARRYING, POSSESSING, CONCEALING

The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices, or other deadly weapons. This class deals with weapons offenses, regulatory in nature such as: A. Manufacture, sale, or possession of deadly weapons B. Carrying deadly weapons, concealed or openly C. Using, manufacturing, etc., silencers D. Furnishing deadly weapons to minors E. Aliens possessing deadly weapons F. All attempts to commit any of the above

16. PROSTITUTION & COMMERCIALIZED VICE

The unlawful promotion of or participation in sexual activities in exchange for anything of value. To solicit customers or transport persons for prostitution purposes, to own, manage, or operate a dwelling or other establishment for the purpose of providing a place where prostitution is performed, or to otherwise assist or promote prostitution. The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 requires the FBI UCR Program to distinguish between incidents of prostitution, assisting or promoting prostitution, and purchasing prostitution. In accordance with the law, the Part II crime of Prostitution and Commercialized Vice is now distinguished by three subcategories: A. Prostitution B. Assisting or Promoting Prostitution C. Purchasing Prostitution Included in these categories are: - Performing/purchasing prostitution - Keeping a bawdy house, disorderly house, or house of ill fame - Pandering, procuring, transporting, or detaining women for immoral purposes, etc. - Attempts to commit any of the above 27

17. SEX OFFENSES (except rape, prostitution and commercialized vice)

This classification includes offenses against chastity, common decency, morals, and the like. The ability of the victim to give consent is a professional determination by the law enforcement agency. The age of the victim, of course, plays a critical role in this determination. Individuals do not mature mentally at the same rate. Certainly, no 4-year old is capable of consenting, where victims aged 10 or 12 may need to be assessed within the specific circumstances. Sexual attacks on males are included in this classification. However, depending on the nature of the crime and the extent of the injury, the offense could be classified as an assault. This classification includes all sex offenses except rape, prostitution and commercialized vice. Include in this classification: - Adultery and fornication - Buggery - Incest - Indecent exposure - Indecent liberties - Seduction - Statutory rape (no force) - All attempts to commit any of the above

18. DRUG ABUSE VIOLATIONS

The violation of laws prohibiting the production, distribution, and/or use of certain controlled substances. The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation, or importation of any controlled drug or narcotic substance. Arrests for violations of state and local laws, specifically those relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs. The UCR Program collects information on arrests for drug abuse violations based on the narcotics involved. Agencies include all arrests for violations, including attempts, and subdivide the arrests by differentiating between Sale/Manufacturing and Possession: SALE / MANUFACTURING A. Opium or cocaine and their derivatives (morphine, heroin, codeine) B. Marijuana C. Synthetic narcotics - manufactured narcotics which can cause true drug addiction (demerol, methadones) D. Dangerous non-narcotic drugs (barbiturates, benzedrine) POSSESSION E. Opium or cocaine and their derivatives (morphine, heroin, codeine) F. Marijuana G. Synthetic narcotics - manufactured narcotics which can cause true drug addiction (demerol, methadone) H. Dangerous non-narcotic drugs (barbiturates, benzedrine) Includes all attempts to sell, manufacture, or possess any of the above.

19. GAMBLING

To unlawfully bet or wager money or something else of value, assist, promote, or operate a game of chance for money or some other stake, possess or transmit wagering information, manufacture, sell, purchase, possess, or transport gambling equipment, devices, or goods, or tamper with the outcome of a sporting event or contest to gain a gambling advantage. 28 To unlawfully stake money or something else of value on the happening of an uncertain event or on the ascertainment of a fact in dispute. To unlawfully operate, promote, or assist in the operation of a game of chance, lottery, or other gambling activity. To unlawfully manufacture, sell, buy, possess, or transport equipment, devices, and/or goods used for gambling purposes. To unlawfully alter, meddle in, or otherwise interfere with a sporting contest or event for the purpose of gaining a gambling advantage. Reporting agencies divide gambling arrests into three categories: - Bookmaking (horse and sport books) - Numbers and lottery - All other (illegal gambling machines, etc.)

20. OFFENSES AGAINST FAMILY & CHILDREN

Unlawful nonviolent acts by a family member (or legal guardian) that threaten the physical, mental, or economic well-being or morals of another family member and that are not classifiable as other offenses, such as assault or sex offenses. Agencies include in this classification: - Nonviolent cruelty to other family members - Nonviolent abuse - Desertion, abandonment, or nonsupport of a spouse or child - Neglect or abuse of spouse or child (if injury is serious, score as aggravated assault) - Nonpayment of alimony - Attempts to commit any of the above Note: Not counted are victims of these charges who are taken into custody for their own protection.

21. DRIVING UNDER THE INFLUENCE

Driving or operating a motor vehicle or common carrier while mentally or physically impaired as the result of consuming an alcoholic beverage or using a drug or narcotic. Agencies include in this classification: - Operating a motor vehicle while under the influence - Operating an engine, train, streetcar, boat, etc., while under the influence

22. LIQUOR LAWS

The violation of state or local laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, or use of alcoholic beverages, not including driving under the influence and drunkenness. Agencies include in this classification: - Manufacturing, sale, transportation, furnishing, possessing, etc., intoxicating liquor - Maintaining unlawful drinking places - Bootlegging - Operating a still - Furnishing liquor to a minor or intemperate person - Using a vehicle for illegal transportation of liquor - Open containers - Drinking on train or public conveyance - All attempts to commit any of the above

23. DRUNKENNESS

To drink alcoholic beverages to the extent that one’s mental faculties and physical coordination are substantially impaired. Exclude driving under the influence. Agencies include in this classification: - Drunkenness - Drunk and disorderly - Common or habitual drunkard - Intoxication

24. DISORDERLY CONDUCT

Any behavior that tends to disturb the public peace or decorum, scandalize the community, or shock the public sense of morality. Agencies include in this classification: - Unlawful assembly - Disturbing the peace - Disturbing meetings - Disorderly conduct in state institutions, at court, at fairs, on trains or public conveyances, etc. - Blasphemy, profanity, and obscene language - Refusing to assist an officer - All attempts to commit the above

25. VAGRANCY

The violation of a court order, regulation, ordinance, or law requiring the withdrawal of persons from the streets or other specified areas, prohibiting persons from remaining in an area or place in an idle or aimless manner, or prohibiting persons from going from place to place without visible means of support. Agencies include in this classification: - Suspicious Person - Begging - Loitering (persons 18 and over) - Vagabondage

26. ALL OTHER OFFENSES

Included in this class are all other state or local offenses (except traffic violations) not included in offenses 1 through 25. - Admitting minors to improper places - Bigamy and polygamy - Blackmail and extortion - Bribery - Combination in restraint of trade; trusts, monopolies - Contempt of court - Criminal anarchism - Criminal syndicalism - Discrimination, unfair competition - Kidnapping - Marriage within prohibited degrees - Offenses contributing to juvenile delinquency (except as provided for in offenses 1 to 25), such as employment of children in immoral vocations or practices, admitting minors to improper places - Perjury and subornation of perjury - Possession, repair, manufacture, etc. of burglar’s tools - Possession of drug paraphernalia - Possession or sale of obscene literature, pictures, etc. - Public nuisances - Riot and rout - Trespass - Unlawfully bringing weapons into prisons or hospitals - Unlawfully bringing drugs or liquor into state prisons, hospitals, etc.; furnishing to convicts - Unlawful disinterment of the dead and violation of sepulture - Unlawful use, possession, etc. of explosives - Violations of state regulatory laws and municipal ordinances - Violation of quarantine - All offenses not otherwise classified and all attempts to commit any of the above

27. SUSPICION

While “suspicion” is not an offense, it is the grounds for many arrests in those jurisdictions where the law permits. After examination by law enforcement officers, the prisoner is either formally charged or released. Those formally charged are entered in one of the Part I or Part II offense classes. This class is limited to “suspicion” arrests where persons arrested are released by police.

28. CURFEW AND LOITERING LAWS (persons under 18)

Violations by juveniles of local curfew or loitering ordinances.

29. RUNAWAY (persons under 18)

Limited to juveniles taken into protective custody under the provisions of local statutes. Although running away does not constitute a criminal offense, agencies should report each handling of a runaway. Handling of runaways from one jurisdiction by another jurisdiction should be counted by the home jurisdiction. 3

Reporting Procecure in Nevada

In Nevada’s UCR, contributing law enforcement agencies are wholly responsible for compiling their own crime reports and submitting them to the Uniform Crime Reporting Section of the General Services Division in Carson City. The UCR Program, to maintain data quality and uniformity, furnishes to the contributing agencies continuous training and instruction in Uniform Crime Reporting procedures. All contributors are also given data submission guidelines, report forms, and a UCR Guide furnished by the FBI that outlines, in detail, procedures to score and to classify offenses. The guide illustrates and discusses the monthly and annual report forms. A centralized record system is vital to the sound operation of any law enforcement agency. It is an essential element for crime reporting.

Trained UCR personnel at the state level assist contributors in following established reporting procedures. Law enforcement agencies (state, county and municipal) report the number of offenses that become known to them in the following crime categories:

In addition, the agencies submit the number of arrests recorded by sex, age, race and ethnicity for 21 other "Part II" offenses. Descriptions of these offenses are provided under the offense classification section. Another facet of the UCR Program involves the collection of hate crimes. In 1990, the President of the United States signed into law the "Hate Crime Statistics Act of 1990". In October 2009, the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act amended the Hate Crime Statistics Act. The data identifies crimes that manifest evidence of prejudice based on race, religion, disability, sexual orientation, ethnicity, gender, or gender identity. Whenever complaints of crime are determined through investigation to be unfounded or false, they are subtracted from the actual count. The number of “actual offenses known” in these crime categories is reported to the Nevada UCR Unit whether or not anyone is arrested for the crime; the stolen property is recovered; prosecution is undertaken; or any other restrictive consideration is in effect. Other data configurations which contributing agencies tally through the UCR system are as follows: -Number of crimes cleared by arrest or exceptional means -Number of crimes cleared involving persons under age 18 -Number of law enforcement officers killed or assaulted -Type and value of property stolen and recovered -Number of arrests for all criminal acts (except traffic violations), broken out by arrestee age, sex and race -Number of sworn and civilian enforcement personnel employed by agency type