Frequently Asked Questions

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CRIME SCENERIO-based FAQ:

 

  1. A store owner shots a robber, misses, and kills an innocent bystander.  Would this be classified as a Criminal Homicide?

  2. A witness of a crime dies as a result of a heart attack.  Is this incident classified and scored as a Murder?

  3. A nine-month preganant woman is stabbed in the stomach.  The baby is taken from the mother but is delivered dead due to the stabbing.  The mother survives.  Is this a Murder?

  4. A firefighter dies as a result of fighting a fire.  Is it later revealed the fire was an Arson.  Is this a Murder?

  5. A husband assaults his wife and forces her against her will to have sexual intercourse.  Is this a Rape?

  6. For UCR reporting purposes can a male be Raped?

  7. How is the illegal entry of several rooms in a hotel classified and scored?

  8. Three individuals are robbed in three separate motel rooms.  Does the Hotel Rule apply?

  9. A juvenile enters a convenience store and tells the attendant that he is holding up the store.  The juvenile keeps his hand in his pocket and demands money.  The juvenile receives the money from the attendant, at which time the juvenile flees the store.  No weapon is observed.  How is this classified?

  10. How should an incident be classified when an individiaul intentionally drives a motor vehicle into another occupied motor vehicle?

  11. What factors are used to distinguish Aggravated from Simple Assault?

  12. An individual enters an open garage and steals several items.  Would this be classified as a Burglary or a Larceny?

  13. When a break-in (unlawful) of a structure, such as a cabin or summer home which is occupied for only part of a year, occurs, and a theft or felony is committed, how is this crime classified and scored?

  14. How would the following be classified?  A homeowner returns home and surprises a burglar.  The burglar physcially attacks the homewoner, steals his property, and flees.

  15. A store detective observes a customer remove the price tag on an item and replace it with a price tag showing a lower price; the customer is arrested.  This customer is not an employee nor is he authorized to change price tags.  What type of crime is this?

  16. An owner of a mobile home dealership, upon opening the business in the morning, learns that five of the mobile homes for sale on the lot were broken into during the night, and kitchen appliances were taken from all five mobile homes.  How would this crime be classified/ scored?

  17. An individual drives into a gasoline station and requests gasoline be pumped into his motor vehicle.  He then leaves the station without paying.  What type of crime is this?

  18. A pickup truck with a camper continaing camping equipment is stolen.  The truck and camper are recovered but the equipment is missing.  How would this be scored?

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01

A store owner shoots a robber, misses, and kills an innocent bystander.  would this be classified as a Criminal Homicide?

This situation would be reported as a Robbery to UCR. The UCR definition of Criminal Homicide calls for "the willful (non-negligent) killing of one human being by another." The circumstances in this situation do not meet this definition. The death of the bystander would be considered an accidental death which is not counted in the Uniform Crime Reporting Program. (UCR Handbook, p. 6)

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A witness of a crime dies as a result of a heart attack.  I sthis incident classified and scored as a Murder?

No. For UCR purposes, a Criminal Homicide is defined as "the willful ( nonnegligent) killing of one human being by another." The policy governing the classification of criminal Homicide is contained on page 6 of the UCR Handbook. The applicable provision reads as follows: "Situations where a victim dies of a heart attack as the result of a robbery or witnessing a crime do not meet the criteria for inclusion in the Criminal Homicide classification. A heart attack cannot, in fact, be caused at will by an offender. Even in instances where an individual is known to have a weak heart, there is no assurance whatever that an offender can cause sufficient emotional or physical stress to guarantee the victim will suffer a fatal heart attack."

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02

03

A nine-month pregnant woman is stabbed in the stomach.  the baby is taken from the mother but is delivered dea due to the stabbing.  The mother survives.  Is this a Murder?

No. Suicides, traffic fatalities, and fetal deaths are totally excluded from the UCR Program. The incident would be scored as one Aggravated Assault. (UCR Handbook, p. 6)

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04

A firefighter dies as a result of fighting a fire.  It is later revealed the fire was an Arson.  Is this a Murder?

No. The UCR Program excludes arson-related deaths and injuries (unless willful murders or assaults) of police officers and firefighters due to the hazardous natures of their professions. (UCR Handbook, p. 30)

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05

A husband assaults his wife and forces her against her will to have sexual intercourse.  Is this a Rape?

 

Yes. For the purpose of Uniform Crime Reporting, the relationship of the offender and victim (in this case, husband and wife) does not affect the classification of the offense. (UCR Handbook, p.10)

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06

For UCR reporting purposs can a male be raped?

No. Sexual attacks on males should be classified as Assaults or "Other Sex Offenses," depending on the nature of the crime and the extent of injury. An Assault is a Part I offense and would be reported on Return A. " Other Sex Offenses" qualify as Part II offenses and would be reported on the appropriate age, sex, race, and ethnic origin form. (UCR Handbook, p. 10)

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07

How is the illegal entry of several rooms in a hotel classified and scored?

Burglaries of hotels, motels, lodging houses, and other places where lodging of transients is the main function of the facility are scored under provisions of the "Hotel Rule." This principle of scoring dictates that if a number of dwelling units under a single manager are burglarized, and the offenses are most likely to be reported to the police by the manager rather than the individual tenants, the burglaries should be scored as one offense. Examples of the Hotel Rule are burglaries of a number of rental hotel rooms, rooms in "flop" houses, rooms in a youth hostel, and units in a motel.

If the individual living areas in a building are rented or leased to the occupants for a period of time which would preclude the tenancy from being classified as transient, then the burglaries would be reported separately by the occupants. These burglaries would be scored as separate offenses. (UCR Handbook, p. 20)

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08

Three individuals are robbed in three separate motel rooms.  Does the Hotel rule apply?

No. The Hotel Rule may only be applied to the offense of Burglary. Robbery of individuals in three separate motel rooms should be scored as three offenses of Robbery. (UCR Handbook, p. 12)

 

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09

A juvenile enters a convenience store and tells the attendant that he is holding up the store.  the juvenile keeps his hand inhis pocket and demans money.  the juvenile receives the money from the attendant, at which time the juvenile flees the store.  No weapon is observed.  How is this classified?

In cases involving pretended weapons or those in which the weapon is not seen by the victim but the robber claims to possess one, the incident should be classified as Armed Robbery and scored accordingly. If an immediate "on view" arrest proves that there is no weapon, the offense should be classified as Strong-arm Robbery. (UCR Handbook, p. 12)

 

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10

How should an incident be classified when an individual intentionally drives a motor vehicle into another occupied motor vehicle?

The incident should be classified as an Aggravated Assault regardless of the extent of injury sustained by the victim or amount of damage caused to the vehicles. This type of Assault would be classified opposite the 4C--Other Dangerous Weapon category of Assault. If the victim dies as a direct result of the incident, it would then be classified as a Homicide. (UCR Handbook, p. 16)

 

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11

What factors are used to distinguish Aggravated from Simple Assault?

Generally, the weapon used and/or the extent of the injury sustained are the deciding factors in distinguishing Aggravated

from Simple Assault. In only a very limited number of instances should it be necessary to examine the intent of the assailant. Careful consideration of the following factors should assist in classifying Assaults:

1. The type of weapon employed or the use of an object as a weapon;

2. The seriousness of the injury;

3. The intent of the assailant to cause serious injury. (UCR Handbook, p. 17)

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12

An individual enters an open garage and steals several items.  Would this be classified as a Burglary or a Larceny?

This would be classified as "Burglary-Unlawful Entry-No Force." The entry in this burglary situation involves no force and is achieved by use of an unlocked door or window. The element of trespass to the structure is essential in this classification, 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 committed other than by the tenant who has lawful access. If the area entered was one of open access, thefts from the area would not involve an unlawful trespass and would be scored as Larceny. (UCR Handbook, Pg. 21)

 

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13

When a break-in (unlawful) of a structure, such as a cabin or summer home which is occupied for only part of a year, occurs, and a theft or felony is committed, how is this crime classified and scored?

When unlawful entry of a cabin or summer home occurs, a Burglary should be scored provided there is the intent to commit a felony or theft, and the building itself is, in fact, a structure. Occupation is not a factor in the consideration of the Burglary offense. Page 20 of the UCR Handbook provides additional information regarding the offense of Burglary.

 

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14

How would the following be classified?  A homeowner returns home and surprises a burlar.  The burglar physcially attacks the homeowner, steals his property, and flees?

Based on the facts that the homeowner is physically attacked and his property stolen, the incident must be classified as a Robbery.

 

Given the same set of circumstances, with the exception that the homeowner is not physically confronted by the burglar and merely observes the burglar exiting the residence, the incident would be classified as a Burglary, even if the burglar flees the residence empty-handed. (UCR Handbook, p. 20)

 

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15

A store detective observes a customer remove the price tag on an item and replace it with a price tag showing a lower price; the customer is arrested.  This customer is not an employee or is he authorized to change price tags.  What type of crime is this?

This incident should be considered a Part II crime and reported under the Fraud category. Fraud "consists of some deceitful practice or willful device, resorted to with the intent to deprive another or in some way to do an injury." (UCR Handbook, p. 24-25)

 

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16

An owner of a mobile home dealership, upon opening the business in the morning learns that fire of the mobile homes for sale on the lot were broken into during the night, kitchen and appliances were taken from all five mobile  homes.  How would this crime be classified/scored?

This situation should be classified as a Larceny and scored as one offense. In order to fit the description of a "structure," which would result in the classification of Burglary, a mobile home must qualify as a permanent dwelling. The mobile homes in question are not permanent; hence the Larceny classification. (UCR Handbook, p. 20, 24, 26)

 

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17

An individual drives into a gasoline station and requests gasoline be pumped into his motor vehicle.  He then leaves the station without paying.  What type of crime is this?

By asking for the gasoline, the individual enters into an implied contract. His departure without paying constitutes the offense of Fraud. Fraud is a Part II offense, and if an arrest were made, it would be reported on the age, sex, race, and ethnic origin form. An individual who takes gasoline from a self-service station without paying commits a Larceny-theft (no implied con-tract), sub-classified as (I) "All Other Larceny." Gasoline taken from a parked vehicle would be Larceny-theft, sub-classified as (E) "Theft of Motor Vehicle Parts and Accessories." (UCR Handbook, p. 25-26, 79)

 

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18

A pickup truck with a camper containing campng equipment is stolen.  The truck and camper are recovered but the equipment is missing.  How would this be scored?

When it is necessary to choose between Larceny-theft and Motor Vehicle Theft, such as in this case, the offense should be classified and scored as Motor Vehicle Theft. Motor Vehicle Theft is a special type of Larceny-theft. It is a separate classification because of the volume of such thefts and the prevailing law enforcement need for specific statistics on this offense. (UCR Handbook, p. 35)

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This project was supported by Grant No. 15-NCS-X-02 (NIBRS) 2015-R2-CX-K043 awarded by the Bureau of Justice Statistics, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the US Department of Justice.

© 2019  by UCR Program 

If you have questions or need additional information please Email at nocrequest@dps.state.nv.us

Site last updated on:   Decemcber 3,  2019