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. 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: Carjackings are robbery offenses where a motor vehicle is taken through force or threat of force. SEX OFFENSES, FORCIBLE Any sexual act directed against 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. (a) 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). (b) 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. (c) 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 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: An "object" or "instrument" is anything used by the offender other than the offender's genitalia. Examples are a finger, bottle, handgun, stick, etc. (d) 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." NONFORCIBLE SEX OFFENSES (EXCEPT Unlawful, nonforcible sexual intercourse. (a) Incest. Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. (b) Statutory Rape. Nonforcible sexual intercourse with a person who is under the statutory age of consent. (Authority: 20 U.S.C. 1232g(b)(6) and 18 U.S.C. 16) [65 FR 41854, July 6, 2000] CHAPTER I-OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION Part 100 101 104 105 106 Nondiscrimination under programs receiving Fed- Enforcement of nondiscrimination on the basis of Page 309 330 341 374 380 110 Nondiscrimination on the basis of age in programs 399 |