Request #18-4438

Clery Act


August 2, 2018 via mail


Albuquerque Police Department


Cassie Fierro






Point of Contact

Nyvia Barraza

Request Closed   Hide Public




On August 2, 2018, we received your public records request for the following records:


Original Request:

According to the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, post-secondary schools are required to disclose statistics for certain crimes that occurred at our non­-campus locations. We are required to disclose statistics that are reported to our department as well as to local and state law enforcement agencies. To accomplish this objective, I am requesting 2017 crime statistics for the following offenses:

• Aggravated Assault: An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm.
• Arson: Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house , public buildi ng, motor vehicle or aircraft, personal property of another, etc.
• Burglary: The unlawful entry of a structure to commit a felony or theft.
• Dating Violence: violence committed by a person who is or has been in a social
• relationship of a romantic or intimate nature with the victim and where the existence of
• such a relationship shall be determined based on a consideration of the following factors: o The length of the relationship
o The type of relationship
o The frequency of interaction between the persons involved in the relationship.
• Destruction/Damage/Vandalism of Property: For Hate Crimes reporting only, it is 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.
• Domestic Violence: Felony or misdemeanor crimes of violence committe d by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction.
• Drug Law Arrests: The violation of state and/or local laws prohibiting the production, 
distribution and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use; the unlawful cultivation, manu facture, distribution , sale, purchase, use, possession, transportation or importation of any controlled drug or narcotic substance; arrests for violations of state and local laws , specifically those relating to the unlawful possession, sale, use, growing, manufacturing and making of narcotic drugs.
• Fondling: The touching of the private body parts of another person for the purpose of sexual gratification , forcibly and/or against that person' s will; or, not forcibly or against the 
person' s will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental capacity.
• Hate Crimes: The commission of Murder/Non-negligent Manslaughter, Forcible Sex Offenses, Non-forcible Sex Offenses, Robbery , Aggravated Assau lt , Burglary, Motor Vehicle Theft, Arson, Larceny/Theft, Simple Assault, Intimidation , or Destruction/Damage/Vandalism of Property when: motivated, in whole or in part, by the offender's bias toward a victim's actual or perceived race, gender, religion, sexual orientation, ethnicity, national origin, gender identity or disability. 

• Incest: Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. 
• Intimidation: For Hate Crimes reporting, it is to unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without 
displaying a weapon or subjecting the victim to actual physical attack.
• Larceny-Theft (Except Motor Vehicle Theft): For Hate Crimes reporting only, it is the unlawful taking, carrying, leading, or riding away of property from the possession or constructive
possession of another; includes attempted larcenies; excludes embezzlement, confidence games, forgery, and worthless checks.
• Liquor Law Arrests: The violation of laws or ordinances prohibiting the manufacture, sale 
transporting, furnishing, possessing of intoxicating liquor; maintaining untawful drinking places;bootlegging; operating a still; furnishing liquor to an underage person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; and all attempts to commit any of the aforementioned. (Driving under the influence is not included)
• Motor Vehicle Theft: The theft or attempted theft of a motor vehicle. This includes all cases where a vehicle is taken by persons not having authority or legal access, even if the vehicle is later abandoned.
• Murder/Non-negligent Manslaughter: The willful (non-negligent) killing of one human being by another.
• Negligent Manslaughter: The killing of another person through gross negligence.
• Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
• Robbery: The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.
• Sex Offenses, Forcible: Any sexual act directed against another person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent.

o Sexual Assault: Any nonconsensual sexual act proscribed by federal, tribal, or state law, 
including when the victim lacks the capacity to consent.

o Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person's will; or, not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental capacity.

• Simple Assault: For Hate Crimes reporting only, it is an unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness. 
• Stalking: Engaging in a course of conduct directed a't a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, OR suffer substantial emotional distress.

• Statutory Rape: Non-forcible, sexual intercourse with a person who is under the statutory age of consent.
• Weapons Law Arrests: The violation of state and/or local laws prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments,explosives, incendiary devices or other deadly weapons. This classification encompasses weapons offenses that are regulatory in nature.

I am requesting the required crime statistics for the year 2017 for the following locations, which are considered to be non-campus locations for Arizona State University: Certain locations may require only a specific time frame and will be noted accordingly:

MCM Elegante Hotel - 2020 Menaul Blvd. NE, Albuquerque, NM 87107 from 11/3/2017 from 11/06/2017


I would appreciate it if you would forward this information to me no later than 7/27/2018. I am in the process of publishing our annual report, and I will need to include these statistics in the 
final draft.



Please let me know if you have any questions.  





Nyvia Barraza

APD Records Custodian/IPRA Supervisor

Office (505) 768-2137

Cell (505) 980-4944

August 9, 2018, 8:55am
Department Assignment Public
Albuquerque Police Department
August 3, 2018, 2:13pm
Request Opened Public
Request received via mail
August 3, 2018, 2:13pm