Types of Crimes

• Manslaughter by negligence – The killing of another person through gross negligence.
• Murder and non-negligent manslaughter. The willful (non-negligent) killing of one human being by another

Any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent.

• (i) Forcible Rapes – The carnal knowledge of a person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity, or because of his/her youth.
• (ii) Forcible Sodomy – Oral or anal sexual intercourse with another person, forcibly and/or against that person’s will; or not forcibly against the person’s will where the victim¿s incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
• (iii) Sexual Assault with an object – The use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person’s will; or not forcibly or against the person¿s will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
• (iv) Forcible Fondling – The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person’s
  will; or, not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental incapacity.

Unlawful, non-forcible sexual intercourse.

• (i) Incest – Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
• (ii) Statutory Rape – Non-forcible sexual intercourse with a person who is under the statutory age of consent.

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

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. (It is not necessary that injury resulting from an aggravated assault when a gun, knife, or other weapon is used which could and probably would result in serious physical injury if the crime were successfully completed.)

The unlawful entry of a structure to commit a felony or a theft. For reporting purposes this definition includes: unlawful entry with intent to commit a larceny or felony; breaking and entering with intent to commit a larceny; housebreaking; safecracking; and all attempts to commit any of the aforementioned.

The theft or attempted theft of a motor vehicle (including joyriding and all cases where automobiles are taken by persons not having lawful access even though the vehicles are later abandoned).

The law also requires that colleges and universities provide statistics for the following categories of arrest or referrals for campus disciplinary action (if an arrest was not made):

Liquor law violation, drug law violation, and illegal weapons possession:

• (i) Weapon Law Violations – The violation of laws or ordinances dealing with weapon offenses, regulatory in nature, such as: manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; furnishing deadly weapons to minors; aliens possessing deadly weapons; and all attempts to commit any of the aforementioned.
• (ii) Drug Abuse Violations – Violations of State and local laws relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs. The relevant substances include, but are not limited to: opium or cocaine; synthetic narcotics (Demerol, methadone); and dangerous non-narcotic drugs (barbiturates, Benzedrine).
• (iii) Liquor Law Violations – The violation of laws or ordinances prohibiting: the manufacture, sale, transporting, furnishing, possessing of intoxicating liquor, maintaining an unlawful drinking place; bootlegging; operating a still; furnishing liquor to minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; and all attempts to commit any of the aforementioned (Drunkenness and driving under the influence are not included in this definition.)

Bias or hate crimes are crimes motivated by the perpetrator’s bias or attitude against an individual victim or group based on perceived or actual personal characteristics, such as their race, color, creed, national origin, ethnicity, ancestry, religion, age, sex, sexual orientation, gender, gender identity, disability or alienage. Bias-related incidents are behaviors which constitute an expression of hostility against the person or property of another because of the targeted person’s race, color, creed, national origin, ethnicity, ancestry, religion, age, sex, sexual orientation, gender, gender identity, disability or alienage. According to New York Penal Law Section 485, a person commits a hate crime when he or she commits a specified criminal offense and either:

(1) intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct, or

(2) intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct.

Examples of hate crimes may include, but are not limited to: threatening phone calls, hate mail (including electronic mail), physical assaults, vandalism, destruction of property, and fire bombings. Penalties for bias-related crimes are very serious and range from fines to imprisonment for lengthy periods, depending on the nature of the underlying criminal offense, the use of violence or previous conviction of the offender. Students, staff or faculty who commit bias crimes are also subject to University disciplinary procedures and a range of sanctions up to and including suspension, expulsion or termination of employment. In order to effectively handle incidents of bias related crimes and prevent future occurrences of such crimes, victims or witnesses of a hate crime are encouraged to immediately report incidents in the manner described above. Victims of bias crime can also avail themselves of counseling and support services through the Office of Student Services.

This pertains to the following areas:

• (i) On-campus – Any building or property owned or controlled by an institution of higher education within the same reasonably contiguous geographic area of the institution and used by the institution in direct support of, or in a manner related to, the institution’s educational purposes, including residence halls; and (i) Property within the same reasonably contiguous geographic area of the institution that is owned by the institution but controlled by another person, is used by students, and supports institutional purposes (such as a food or other retail vendor).
• (ii) On-Campus Building or Property – Any building or property owned or controlled by a student organization recognized by the institution; and any building or property (other that a branch campus) owned or controlled by an institution of higher education that is used in direct support of, or in relation, to the institution’s educational purposes, is used by students, and is not within the same reasonably contiguous geographic area of the institution.
• (iii) Public Property – Means all public property that is within the same reasonably contiguous geographic area of the institution, such as a sidewalk, a street, other thoroughfare, or parking facility, and is adjacent to a facility owned or controlled by the institution or the facility is used by the institution in direct support of, or in a manner related to the institution’s educational purposes.

For the purpose of paragraph (i) above, on campus is defined as all main travel corridors to and from the college and the perimeter around each of BMCC’s buildings.

Defined in Section 70.02 sub. 1 of the New York State Penal Law and include Class A, B, C, D and E violent felony offenses. These crimes will be immediately reported to the New York City Police Department by the BMCC Department of Public Safety Office. A joint initial investigation will be conducted and then a follow up investigation will be conducted by the appropriate unit of the New York City Police Department. The college administration and college community will be kept informed and will be updated on developments.

Daily Crime Log

The college maintains a daily crime log. The purpose of the log is to maintain a record of reported criminal incidents and alleged criminal incidents reported to the public safety department on campus property, public property adjacent to the campus, campus controlled residential buildings and Non-campus College controlled buildings. The log includes the date the crime was reported, the date and time the crime occurred, the nature of the crime, the general location of the crime and the disposition of the crime, if known. The log is available for your inspection at N196 during regular business hours. The log contains incidents occurring within the last 60 calendar days. If you wish to examine logs predating this 60 day period, your request may be made to the office of Public Safety located at N196. The requests will be honored within two regular business days.

Campus Security Authorities Members of the college community may make reports of crimes and security incidents to these officials. Each year, the Public Safety Department requests data, via campus e-mail, from these authorities for inclusion in this report. The following persons are designated as Campus Security Authorities:

Academic Department Heads Members of the BMCC college community may also make reports of crimes and security incidents to these officials. Each year, the Public Safety Department requests data via official letter request from these authorities for inclusion in this report.