California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 2 - Pupils › Subchapter 3 - Health and Safety of Pupils › Article 7 - Safe Schools Assessment Program › Section 700 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Aggregated
					 data," means the information contained on all of the completed California Safe
					 Schools Assessment School Crime and Incident Reporting Forms (July 1, 2001)
					 collected during each reporting period by the school district or county office
					 of education from each school, program, or camp within the jurisdiction of the
					 superintendent of the respective school district or county office of
					 education.
(b) Crime
					 classifications
(1) Arson
"Arson" means the willful and malicious setting fire to
						or burning any structure or property, regardless of the value of the property.
						Arson does not include one burning his or her own property, unless there is
						injury to another person or another person's property. Reporting for the
						purposes of the Safe Schools Assessment Program shall be limited to incidents
						of arson that result in an economic loss of $100 or more to an individual, the
						school district or county office of education.
(2) Assault with a deadly weapon
"Assault with a deadly weapon" means the use of a
						firearm, deadly weapon or instrument other than a firearm or by any means of
						force likely to produce great bodily injury. A deadly weapon can be a firearm;
						stun gun or taser; bows and arrows; knives or other cutting instruments; clubs;
						bottles; explosives; and body parts, such as teeth, hands, fists, and feet used
						with force likely to produce great bodily injury.
(3) Battery
"Battery" means the willful and unlawful use of force or
						violence upon the person of another.
(4) Burglary
"Burglary" means any entry with the intent to commit a
						theft or any felony, even though force may not have been used to gain
						entry.
(5) Destructive
					 devices
"Destructive devices" means the use of any of the
						following for criminal purposes:
(A)
					 Projectile containing any explosive or incendiary material or any chemical
					 substance, bomb, facsimile bomb, grenade, explosive missile or similar device
					 or any launching device.
(B) Weapon
					 of a caliber greater than 0.60 caliber which fires fixed ammunition or any
					 ammunition other than a shotgun.
(C) Rocket, rocket propelled projectile, or
					 any similar device of diameter greater than 0.60 inches or launching
					 device.
(D) Breakable container
					 which contains a flammable liquid with a flashpoint of 150 degrees Fahrenheit
					 or less and has a wick or similar device capable of being ignited, other than a
					 device which is commercially manufactured primarily for the purpose of
					 illumination.
(E) Sealed device
					 containing dry ice (CO 2) or other chemically reactive substances assembled for
					 the purpose of causing an explosion by a chemical reaction.
Included in this category also are written or oral
						threats to use destructive devices. Devices such as snappers or poppers,
						firecrackers, and fireworks shall not be reported.
(6) Drug and alcohol offenses
"Drug and alcohol offenses" means the possession, use,
						sale, or furnishing of any drug, intoxicating liquor, controlled substance, or
						toluene, as well as drug paraphernalia, that is prohibited by
						law.
(7) Explosive devices
"Explosive devices" means any substance, or combination
						of substances, the primary or common purpose of which is detonation or rapid
						combustion with criminal intent. Explosives include, but are not limited
						to:
(A) Dynamite, nitroglycerin, black
					 powder, propellant explosives, detonating primers, blasting caps or commercial
					 boosters.
(B) Substances determined
					 to be class A and class B explosives by the United States Department of
					 Transportation.
(C) Nitro carbo
					 nitrate substances (blasting agent) as classified by the United States
					 Department of Transportation.
(D)
					 Any material designated as an explosive by the State Fire Marshal.
(E) Certain class C explosives designated by
					 the United States Department of Transportation when listed in regulations
					 adopted by the State Fire Marshal.
Included in this category also are written or oral
						threats to use explosive devices. Devices such as snappers or poppers,
						firecrackers, and fireworks shall not be reported.
(8) Graffiti
"Graffiti" means any form of unauthorized painting,
						writing, or inscription on the property of a school district or county office
						of education, regardless of the content or nature of the material used in the
						commission of the act. Reporting for the purposes of the Safe Schools
						Assessment Program shall be limited to incidents of graffiti that result in an
						economic loss of $100 or more to an individual, the school district or county
						office of education.
(9)
					 Hate Crime
"Hate crime" means an act or attempted act against the
						person or property of another individual or institution which in any way
						manifests evidence of hostility toward the victim because of his or her actual
						or perceived race, religion, disability, gender, nationality, or sexual
						orientation. This includes, but is not limited to, threatening telephone calls,
						hate mail, physical assault, vandalism, cross burning, destruction of religious
						symbols, or fire bombings. This paragraph shall include those threats or hate
						mail sent by electronic communication.
(10) Homicide
"Homicide" means the unlawful killing of a person by
						another person.
(11)
					 Loitering or trespassing
(A) "Loitering" means
					 to delay, to linger, or to idle about any school location without lawful
					 business for being present.
(B)
					 "Trespassing" means the entering of school grounds during school hours without
					 registering with the site or program administrator, as required by law, and
					 remaining after being asked to leave, or returning to the school grounds within
					 thirty days of being asked to leave or within seven days if the person is a
					 parent or guardian of a student attending the school.
(12) Possession of weapons
"Possession of weapons" means the unauthorized possession
						of dangerous weapons, which include, but are not limited to, fire arms or
						knives.
(13)
					 Robbery/extortion
(A) "Robbery" means the
					 taking of personal property in possession of another, from his person or
					 immediate presence, and against his will, accomplished by force or
					 fear.
(B) "Extortion" means the
					 taking of property from another person without their consent. Extortion is
					 induced by a threat of force or wrongful use of fear. Extortion may occur over
					 a period of time. Included in this category are written or oral threats to take
					 property.
(14) Sex
					 offenses
"Sex offenses" mean sexual battery, rape, statutory rape,
						sodomy, lewd and lascivious conduct with children, oral copulation, and child
						molestation.
(15) Theft
"Theft" (larceny) means the taking, leading, driving, or
						carrying away of property (including motor vehicles) belonging to another with
						the intent to deprive the rightful owner of its use, regardless of the value of
						the property. Reporting for the purposes of the Safe Schools Assessment Program
						shall be limited to incidents of theft that result in an economic loss of $50
						or more to the individual, school district, or county office of
						education.
(16) Vandalism
"Vandalism" (to school, student, or employee property on
						school location) means the malicious defacing, damaging, or destroying of
						property. Reporting for the purposes of the Safe Schools Assessment Program
						shall be limited to incidents of vandalism that result in an economic loss of
						$100 or more to the individual, school district, or county office of
						education.