Crimes of Violence

“Crimes of violence” as defined in Appendix A to Title 34, Part 99, of the Code of Federal Regulations, include:

1. 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.
2. Assault Offenses: An unlawful attack by one person upon another. Note: By definition there can be no “attempted” assaults, only “completed” assaults.
3. Burglary: The unlawful entry into a building or other structure with the intent to commit a felony or a theft.
4. Criminal Homicide: Manslaughter by Negligence: The killing of another person through gross negligence.
5. Criminal Homicide: Murder and Non-negligent Manslaughter: The willful (non-negligent) killing of one human being by another.
6. Destruction/Damage/Vandalism of Property: To willfully or maliciously destroy, damage, deface, or otherwise injure real or personal property without the consent of the owner or the person having custody or control of it.
7. Kidnapping/Abduction: The unlawful seizure, transportation, or detention of a person, or any combination of these actions, against his or her will, or of a minor without the consent of his or her custodial parent(s) or legal guardian. Note: Kidnapping/abduction includes hostage taking.
8. Robbery: The taking of, or attempting to take, anything of value under confrontational circumstances from the control, custody, or care of a person or persons by force or threat of force or violence or by putting the victim in fear. Note: Carjacking is a robbery offense where a motor vehicle is taken through force or threat of force.
9. Sex Offenses, Forcible: Any sexual act directed against another person, forcibly or against the person’s will where the victim is incapable of giving consent.
   1. Forcible rape (except “statutory rape”). The carnal knowledge of a person, forcibly or against that person’s will, or both; or not forcibly or against the person’s will where the victim is incapable of giving consent because of his or her temporary or permanent mental or physical incapacity (or because of his or her youth).
   2. Forcible sodomy. Oral or anal sexual intercourse with another person, forcibly or against that person’s will or both; or not forcibly or against the person’s will where the victim is incapable of giving consent because of his or her youth or because of his or her temporary or permanent mental or physical incapacity.
   3. Sexual assault with an object. To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly or against the person’s will where the victim is incapable of giving consent because of his or her youth or because of his or her temporary or permanent mental or physical incapacity. Note: An “object” or “instrument” is anything used by the offender other than the offender’s genitalia. Examples are a finger, bottle, handgun, stick, etc.
   4. Forcible fondling. The touching of the private body parts of another person for the purpose of sexual gratification, forcibly or against that person’s will, or both; or not forcibly or against the person’s will where the victim is incapable of giving consent because of his or her youth or because of his or her temporary or permanent mental or physical incapacity. Note: Forcible fondling includes “indecent liberties” and “child molesting.”
10. Non-forcible Sex Offenses (Except “Prostitution Offenses”): Unlawful, non-forcible sexual intercourse.
    1. Incest: Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
    2. Statutory rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent.