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This report reviews the information reported on the Domestic Violence Victim Data table, clarifies the definition of domestic relationships, reviews modifications to domestic violence reporting, and provides guidelines for proper reporting of domestic violence data through the Uniform Crime Reporting Program.
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Objectives • Reviews the type of information reported on the Domestic Violence Victim Data table • Clarify what qualifies as a domestic relationship • Reviews modifications to domestic violence reporting • Reviews domestic violence offense groupings • Clarifies proper reporting of Domestic Violence Victim Data through the Uniform Crime Reporting Program
Defining Domestic Violence for UCR Purposes • Domestic Violence is characterized by the current or former relationship of the people involved in a reported incident • Domestic relationships include intimate relationships and other family relationships
Defining Domestic Relationship for Uniform Crime Reporting Purposes
Domestic Relationship Domestic Relationship: a relationship where the persons involved • Are related by blood or marriage • Are married or divorced • Have a child in common • Have an intimate relationship (current or former)
Domestic Relationships and Living Status • The current or former living status of people does not determine a domestic relationship.
2008 Reporting Changes • Expanded definition of Domestic Relationship –Living Status • Expanded definition of Domestic Relationship-Spouses/Intimate Partners • Clarified qualifying domestic violence offenses
Victim Count • Count ALL victims of DV related offenses within a reported incident • Example: A man hits his wife in front of their child. Police charge man with aggravated assault and endangering the welfare of a child (2 victims total).
One Offense Per Victim Victims of multiple offenses in the same incident should only be counted once Use the following hierarchy to determine which offenses a victim of multiple offenses should be reported under • Murder • Rape • Aggravated Assault • Kidnapping • Sex Offenses other than Rape • Simple Assault • Violation of Protective Order • Endangering the Welfare of a Child
Offense Groupings • Aggravated Assault • Simple Assault • Sex Offense • Other Violent Offense • Violation of Protective Order
Aggravated Assault • Assault 3rd Weapon PL 120.00 sub 3 • Assault 2nd Degree PL 120.05 • Assault 1st Degree PL 120.10 • Menacing 2nd Weapon PL 120.14 sub 1 • Stalking 2nd Weapon PL 120.55 sub 1 • Strangulation 2nd Degree PL 121.12 • Strangulation 1st Degree PL 121.13
Simple Assault • Assault 3rd Degree PL 120.00 sub 1,2 • Menacing 1st Degree PL 120.13 • Menacing 2nd Stalking PL 120.14 sub 2 • Menacing 3rd Degree PL 120.15 • Stalking 4th Degree PL 120.45 • Stalking 3rd Degree PL 120.50 • Stalking 2nd Degree PL 120.55 sub 2-5 • Stalking 1st Degree PL 120.60 • Criminal Obstruction of Breathing or Blood Circulation PL 121.11 • Harassment 2nd PL 240.26 • Aggravated Harassment 2nd PL 240.30 • Aggravated Harassment 1st PL 240.31 • Intimidating a Victim PL 215.16
Sex Offense • Sexual Misconduct PL 130.20 • Rape PL 130.25 & 130.30 • Criminal Sexual Act PL 130.40, 130.45, 130.50 • Sexual Abuse PL 130.60,130.65, 130.66, 130.67, 130.70 • Compel Prostitution PL 230.33 • Incest PL 255.25, 255.26, 255.27 • Promote Sex Performance of Child PL 263.15
Violation of Order of Protection • PL 120.14 sub 3
Other Violent Offenses • Murder: PL 125.25, PL 125.26 sub 2 • Coercion: PL 135.60, PL 135.65 • Kidnapping: PL 135.45, PL 135.50 • Endangering the Welfare of a Child: PL 260.10
New York State Incident-Based Reporting and Domestic Violence Victim Data • Selection criteria for converting IBR data into domestic violence victim data is programmed at the state level and is based on • penal charge • victim to offender relationship
IBR Relationship Literals • IBR victim/offender relationship codes determine domestic violence relationship • Literals and codes are listed on page 63 of the NYSIBR Data Capture Elements and Specifications document available at http://www.criminaljustice.ny.gov/crimnet/ojsa/crimereporting/ibr_refman/NYSIBR-Data-Capture-Elements-and-Specifications.pdf
Training Review • Domestic relationship includes persons related by blood, through marriage, boyfriends, girlfriends, and same sex partners • Domestic violence victim data is a victim count • Offense groupings are UCR classifications and not NYS penal law literals • Importance of accurate reporting
For More Information Please Contact NYS Division of Criminal Justice Services Crime Reporting Unit 1-800-262-3257 Email:crimereporting@dcjs.ny.gov