Unauthorized use of a vehicle is a class A misdemeanor. Section 30-3B-204. 4, 68 Del. As a class B misdemeanor, under Penal Law 70.15, the maximum sentence would be three months in jail and the fine cannot exceed $500. Divorce from Bonds of Matrimony. Strangulation or suffocation; penalty; affirmative defense, 607A. Abuse of a pregnant female in the second degree; class C felony, 606. (a) No person shall knowingly transfer or cause to be transferred, directly or indirectly by any means, any sounds recorded on a phonograph record, disc, wire, tape, film or other article upon which sounds are recorded, with the intent to sell or cause to be sold, or to use for profit through public performance, or to use to promote the sale of any product, such article on which sounds are so transferred, without consent of the owner; provided, that such owner is domiciled or has its principal place of business in a country which is a signatory to the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of their Phonograms (executed on October 29, 1971, Geneva). If you or a loved one is facing criminal charges in the Denver area, be smart, exercise your right to remain silent, and contact the top criminal defense lawyers at Sawyer Legal Group, LLC at 303-830-0880. Laws, c. 211, Section 30-3B-210. (2) Manufacturers, assembles, distributes, possesses with intent to distribute, transfers, sells, offers, promotes or advertises for sale, use or distribution any unlawful access device; (3) Prepares, distributes, possesses with intent to distribute, sells, gives, transfers, offers, promotes or advertises for sale, use or distribution: a. A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled or noncontrolled substance in the course of professional practice or research in this State. 1, 80 Del. 909. 11 Del. A person may be convicted of the crime which the person has in fact committed. 907B. Damages awarded by a court under this section shall be computed as either of the following: a. Criminal trespass in the first degree. Remedies of aggrieved persons. (2) Manufacture or assembly of unlawful telecommunications device. Laws, c. 310, 829. It Doesnt Mean Youre Guilty. Part of an issue of money, stamps, securities or other valuable instruments issued by a government or a governmental instrumentality; or. A scam was reported. A person is guilty of criminal trespass in the third degree when the person knowingly enters or remains unlawfully upon real property. 2, 62 Del. Under the Summary Offences Act a person must not enter into, or remain in someones house or yard, or business premises without their permission, unless they have a lawful reason to be there. Offenses Involving Damage to & Intrusion Upon Prop. Criminal trespass in the third degree, Frequently Asked Questions Involving Courts and COVID-19, Workplace Restraining Orders (Filed by Employers). TAVARES - Vickie Lynn Williams, the person of interest in t he slaying of Darryl and Sharon Getman at Waterman Village in Mount Dora, had her first appearance before a Lake County judge Saturday. (7) Unlawful telecommunication device. 1, 67 Del. 859. Stalking and Aggravated Stalking. 938. And in the most-severe cases, damage of more than $300,000 is a first-degree felony punishable by five to 99 years or life in prison and a fine of up to $10,000. . Laws, c. 248, Lawyer. 30-2-52. View Statute 28-601 Terms, defined. (b) In any prosecution for theft of services where services have been obtained from a public utility by the installation of, rearrangement of or tampering with any facility or equipment owned or used by the public utility to provide such services, without the consent or permission of the public utility, or by any other trick or contrivance, it shall be a rebuttable presumption that the person to whom the services are being furnished has created, caused or knows of the condition which is a violation of this section. Trespass in the third degree is a class B misdemeanor. Two domestic calls were reported. Laws, c. 345, (2) Without lawful authority does any act intended to create or reinforce a false impression that the person is a police officer, firefighter, emergency medical technician (EMT), paramedic or fire police. Selling stolen property; class A misdemeanor; class G felony. 853. Section 30-5B-10. Rebuttable presumption against custody or residence of minor child to perpetrator of domestic violence, 8-201. 1, 79 Del. In such case, the court shall make a finding as to the amount of the defendants gain from the offense and, if the record does not contain sufficient evidence to support such a finding, the court may conduct a hearing upon the issue. Laws, c. 430, Section 30-3B-401. An example of people who may have a lawful reason to enter into someones house or yard, or business premises include: Police will use discretion when deciding to charge a person with the offence of trespass. Factors court must consider. A person is guilty of interference with levied-upon property when the person hides, destroys or removes from the county in which it is situated when levied upon or seized any property which the person knows has been levied upon or seized under execution, attachment process or distress for rent. Section 30-3-132. (6) Unlawful access device. Part D. Protection From Abuse Proceedings. Laws, c. 240, The penalty for graffiti shall include a minimum fine of not less than $1000 which shall not be subject to suspension, restitution for damages to the property and 250 hours of community service, at least 1/2 of which shall be served removing graffiti on public property. Receiving stolen property; presumption of knowledge. A person is guilty of criminal trespass in the third degree when the person knowingly enters or remains unlawfully upon real property. (7) Property of another person includes property in which any person other than the defendant has an interest which the defendant is not privileged to infringe, regardless of the fact that the defendant also has an interest in the property and regardless of the fact that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. 842. d. Part of an issue of tokens, tickets, public transportation transfers, certificates, or other articles manufactured and designed for use as symbols of value usable in place of money for the purchase of property or services. 925. (c) Nothing in this section shall preclude a separate charge, conviction or sentence for any other crime. (3) Notwithstanding paragraphs (c)(1) and (2) of this section: a. Section 30-3-169. (1) Any person aggrieved by a violation of this section may bring a civil action in any court of competent jurisdiction. 1, 70 Del. A person is guilty of unauthorized use of a vehicle when: (1) Knowing that the person does not have the consent of the owner the person takes, operates, exercises control over, rides in or otherwise uses a vehicle; (2) Having custody of a vehicle pursuant to an agreement between the person or another and the owner thereof whereby the person or another is to perform for compensation a specific service for the owner involving the maintenance, repair or use of the vehicle, the person intentionally uses or operates it, without the consent of the owner, for the persons own purposes in a manner constituting a gross deviation from the agreed purpose; (3) Having custody of a vehicle pursuant to an agreement with its owner whereby it is to be returned to the owner at a specified time, the person intentionally retains or withholds possession thereof, without the consent of the owner, for so lengthy a period beyond the specified time as to render the retention or possession a gross deviation from the agreement; or. Laws, c. 34, Section 30-3-9. (1) A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon premises of another. 8, 70 Del. Possession of burglars tools or instruments facilitating theft; class F felony. Under the Summary Offences Act a person must not enter into, or remain in someone's house or yard, or business premises without their permission, unless they have a . Section 13A-7-4. Laws, c. 260, The minimum fine shall also be doubled, and may not be suspended, for a first, second, or subsequent conviction of an act of graffiti which is performed on or along a Delaware byway, as defined in 101 of Title 17. Subject to making due provisions for the rights of innocent persons, a receiver shall have the power to sue for, collect, receive and take into possession any property which belongs to the person who is alleged to have violated any provision of this subpart and which may have been derived by, been used in or aided in any manner such alleged violation. Protection of Aged Adults and Adults with a Disability, Chapter 9F. (a) A person is guilty of reckless burning or exploding when the person intentionally starts a fire or causes an explosion, whether on the persons own property or on anothers, and thereby recklessly places a building or other real or personal property of another in danger of destruction or damage or places another person in danger of physical injury. (4) For any other reason use of the card is unauthorized by the issuer. (4) a. Wrongful disclosure means any publication that occurs in circumstances in which a protected individual who rents or purchases a videotape has a reasonable expectation of privacy. Rape in the fourth degree; class C felony, 771. 1, 2, 75 Del. Last 30 Days. 1, 2, 72 Del. 4, 65 Del. Uniformity of application and construction. 27, 67 Del. (a) No person shall advertise or offer for sale or resale, or sell or resell, or possess for such purposes, any phonograph record, disc, wire, tape, film or other article on which sounds are recorded, unless the cover, box, jacket, or label clearly and conspicuously discloses the actual name and address of the manufacturer thereof, and the name of the actual performer or group. If you wish to keep the information in your envelope between pages, Warrant to take physical custody of child. (b) A person is guilty of falsifying business records when, with intent to defraud, the person: (1) Makes or causes a false entry in the business records of an enterprise; or, (2) Alters, erases, obliterates, deletes, removes or destroys a true entry in the business records of an enterprise; or, (3) Omits to make a true entry in the business records of an enterprise in violation of a duty to do so which the person knows to be imposed by law or by the nature of the person's position; or, (4) Prevents the making of a true entry or causes the omission thereof in the business records of an enterprise; or, (5) Alters or modifies, or causes the alteration or modification of the medical record of any person; or. At 1st, they slowly but steadily make real progress. (3) As used in this subsection: "Breaks into . Section 30-3-133. Section 30-5B-4. BUFFINGTON: The shame of Andrew Clyde. 140.35 Possession of burglar's tools. Definition of issues and passes.. The Consumer Identity Protection Act, Section 13A-8-192. (a) Whenever any person who has not previously been convicted of issuing or passing a bad check under 900 of this title or under any statute of the United States or of any state relating to the issuing or passing of bad checks pleads guilty to issuing or passing a bad check in violation of 900 of this title in an amount under $1,500 at the time of arraignment, the court without entering a judgment of guilt and with the consent of the accused may defer further proceedings and place the accused on probation upon terms and conditions, which terms and conditions shall include payment of full restitution in the amount of the check plus any reasonable service fee in connection therewith to the victim of the offense and payment to the State of any court costs associated with the offense. b. .070 Criminal trespass in the second degree. Enforcement of registered determination. Laws, c. 475, Criminal solicitation in the third degree is a class A misdemeanor. Section 30-5A-5. (a) A person is guilty of wage theft when the person violates 1102A(a)(1), (a)(4), (a)(5), or (a)(6) of Title 19. To convict, the State must prove beyond a reasonable doubt each of the following . 30-2-55. Ex parte orders and emergency hearings, 1045. Police Logs. Section 30-3B-206. Misapplication of property is a class A misdemeanor, unless the value of the property received, retained or disposed of is $1,500 or more, in which case it is a class G felony. View Statute 28-522 Criminal trespass; affirmative defenses. Section 30-3B-109. Section 30-3B-306. Organization, Administration and Operation, 921. or 31 C.F.R. 1, 70 Del. Vehicular assault in the second degree; class B misdemeanor, 761. Criminal mischief in the first degree is a class B felony. Arson in the third degree; affirmative defense; class G felony. Health-care benefit program also includes any individual or entity who is providing a medical benefit, equipment, medication or service for which payment may be made under a plan or contract for the provision of such benefits or services. (d) Possession of shoplifters tools or instruments facilitating theft is a class F felony. (3) A violation of this section constitutes a class E felony if: a. Arrest information is supplied by the Stamford Police Department. 891. (2) Possession of graffiti implements is a class B misdemeanor. 922. 1, 77 Del. Original Source: (2) Commercial electronic mail or commercial e-mail means any electronic mail message that is sent to a receiving address or account for the purposes of advertising, promoting, marketing or otherwise attempting to solicit interest in any good service or enterprise. To avoid being charged with the offence of trespass, use common senseask yourself whether you have a right, or permission to be in someones house or yard, or business premises. (3) Notwithstanding paragraphs (d)(1) and (2) of this section: a. 811. (a) For purposes of this section, medical record means a record that pertains to a persons medical history, evaluations, tests, diagnoses, prognoses, laboratory reports, medical imaging, treatments, prescriptions, or any other information used in assessing a persons physical, mental, or emotional condition. (5) Structure or structuring means that a person, acting alone, or in conjunction with, or on behalf of, other persons, conducts or attempts to conduct 1 or more transactions in currency, in any amount, at 1 or more financial institutions, including video lottery facilities, on 1 or more days, in any manner, for the purpose of evading currency transaction reporting requirements provided by state or federal law. Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by a law enforcement officer, the owner or any other person having lawful control over such property, or reasonable notice . Criminal mischief; classification of crime; defense. 3, 65 Del. A person is guilty of misapplication of property when, knowingly possessing personal property of another pursuant to an agreement that it will be returned to the owner at a future time, the person sells, loans, leases, pledges, pawns or otherwise encumbers the property without the consent of the owner thereof in such a manner as to create a risk that the owner will be unable to recover it or will suffer pecuniary loss. Child Protection from Domestic Violence Act, 705A. Shoplifting, not paying and property damage, Crime and Corruption Commission and Australian Crime Commission, Legal matters relating to the use of land, Have you been charged with an offence? As used in this section, the following words and phrases shall have the meanings given to them in this subsection. (c) Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. 1, 71 Del. B. Pursuant to subsection A, paragraph 1 of this section, a request to leave by a law enforcement officer acting at the request of the owner of the property or any other person having lawful control over the property has the same legal effect as a request made by the property owner or other person having lawful control of the property. Rape in the third degree; class B felony, 772. Coin or currency of the United States or any other country; c. Investment or negotiable instruments, in bearer form or otherwise in such form that title thereto passes upon delivery. A person is guilty of criminal solicitation in the second degree when, intending that another person . Laws, c. 353, Offenses Against Public Order and Decency, Section 13A-11-8. 872. Communication between courts. Tampering with public records in the second degree; class A misdemeanor. Offenses Against Public Administration, Subpart F. Offenses Relating to Judicial and Similar Proceedings, 1271A. (a) Any person who knowingly manufactures, uses, displays, advertises, distributes, offers for sale, sells or possesses with intent to sell or distribute any items or services bearing or identified by a counterfeit mark shall be guilty of the crime of trademark counterfeiting. Criminal impersonation of a police officer, firefighter, emergency medical technician (EMT), paramedic or fire police; class E felony, class C felony. (a) A person who, with intent to cheat or defraud another, possesses, uses, transfers, makes, alters, counterfeits or reproduces a retail sales receipt or Universal Product Code Label is guilty of an offense under this section. A trespass gives the aggrieved party the right to bring a civil lawsuit and . Through social 3, 76 Del. The court shall, in addition to any other sentence authorized by law, sentence a person convicted of violating this section to make restitution in the manner provided in 4106 of this title. Possession in addition to its ordinary meaning, includes location on or about the defendants person, premises, belongings, vehicle or otherwise within the defendants reasonable control. This subpart shall neither enlarge nor diminish the rights of parties in civil litigation. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT, 1920. 103 et seq., or any rules or regulations adopted under those chapters and sections, the person: (1) Causes or attempts to cause a financial institution, including a video lottery facility, foreign or domestic money transmitter or an authorized delegate thereof, check casher, person engaged in a trade or business or any other individual or entity required by state or federal law to file a report regarding currency transactions or suspicious transactions to fail to file a report; or, (2) Causes or attempts to cause a financial institution, including a video lottery facility, foreign or domestic money transmitter or an authorized delegate thereof, check casher, person engaged in a trade or business or any other individual or entity required by state or federal law to file a report regarding currency transactions or suspicious transactions to file a report that contains a material omission or misstatement of fact; or. Determination raises rebuttable presumption that child reside with parent not perpetrator. (a) A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises. 1. [Insert Appropriate Use Notes From Criminal Trespass III Instructions.] 1, 82 Del. Interception of communications generally; divulging contents of communications, violations of chapter, Chapter 42. Section 30-5A-7. Criminal impersonation; class A misdemeanor, Subchapter V. Offenses Relating to Children and Vulnerable Adults, Subpart A. Credit and debit card transaction receipts; unclassified misdemeanor. (4) The offense of identity theft, such as a credit card, driver license or other document issued in a name other than the name of the person who possesses the document. A person commits extortion when, with the intent prescribed in 841 of this title, the person compels or induces another person to deliver property to the person or to a third person by means of instilling in the victim a fear that, if the property is not so delivered, the defendant or another will: (3) Engage in other conduct constituting a crime; or, (4) Accuse anyone of a crime or cause criminal charges to be instituted against anyone; or, (5) Expose a secret or publicize an asserted fact, whether true or false, tending to subject anyone to hatred, contempt or ridicule; or, (6) Falsely testify or provide information or withhold testimony or information with respect to anothers legal claim or defense; or, (7) Use or abuse the defendants position as a public servant by performing some act within or related to the defendants official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or. * Timothy J. Willman, 36, of Somerset, two count Failure to Appear, third-degree Criminal Trespassing. Unrequested or unauthorized electronic mail or use of network or software to cause same. Abuse of a sports official; class G felony; class A misdemeanor, 625. Tampering with public records in the first degree; class E felony. A person is guilty of fraudulent receipt of public lands when the person records any deed or other written instrument purporting to transfer to the person an interest in land any part of which is public lands of this State, when such person at the time of recording knows that the transferor had no legal or equitable interest in the land described in said instrument. Laws, c. 125, 4, 69 Del. (a) A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises. c 260 9A.52.070 .] Authorities say Larose and Fischer are facing third-degree criminal trespassing charges. Name * Email * Website. 2023 Sawyer Legal Group, LLC All Rights Reserved Arson in the first degree is a class C felony. Laws, c. 477, 3, effective Oct. 21, 2022. (c) For purposes of this section the word ticket shall mean any admittance, receipt, entrance ticket or other evidence of a right to be admitted to an event or exhibit. Laws, c. 497, Burglary in the first degree; class C felony, 854A. 1, 2, 72 Del. Unlawful sexual contact in the third degree; class A misdemeanor, 768. 6, 74 Del. Courts and Judicial Procedures, Part 1. No Internet/interactive service provider shall be liable for merely transmitting an unsolicited, bulk commercial electronic mail message in its network. A person is guilty of criminal trespass in the second degree when: 1. he or she knowingly enters or remains unlawfully in a dwelling; or 2. Initial child custody jurisdiction, Subchapter I. Definitions and Jurisdiction, Subchapter II. Stepparent custody in certain circumstances, Chapter 7A. The regulations must include a procedure by which the Office of the Attorney General is reasonably assured that an identity theft passport applicant has an identity theft claim that is legitimate and adequately substantiated. 140.40 Unlawful possession of radio devices. Criminal trespass in the third degree is a violation. (d) A merchant, a store supervisor, agent or employee of the merchant 18 years of age or older who detains, or a merchant, a store supervisor, agent or employee of the merchant who causes or provides information leading to the arrest of any person under subsection (a), (b) or (c) of this section, shall not be held civilly or criminally liable for such detention or arrest provided they had, at the time of such detention or arrest, probable cause to believe that the person committed the crime of shoplifting as defined in subsection (a) of this section. (2) Motor vehicle or vehicle, means its ordinary meaning and includes any watercraft. For an offense that was committed pursuant to paragraph (a)(3) of this section and the deadly weapon was a firearm, and within 7 years of the date of a previous conviction for robbery in the first degree or if the conviction is for an offense that was committed within 7 years of the date of termination of all periods of incarceration or confinement imposed pursuant to a previous conviction for robbery in the first degree, whichever is the later date. 1, 75 Del. %PDF-1.5 Forgery in the first degree is a class F felony. Employers ) to them in this section shall be computed as either of the following: a to and! The third degree, Frequently Asked Questions Involving Courts and COVID-19, Workplace Restraining Orders ( Filed Employers... Arson in the second degree ; class G felony criminal trespass in the third degree PDF-1.5 Forgery the! A court under this section shall be liable for merely transmitting an unsolicited, bulk commercial mail! C felony service provider shall be liable for merely transmitting an unsolicited, bulk commercial electronic mail use! ; divulging contents of communications generally ; divulging contents of communications, violations of,. Service provider shall be liable for merely transmitting an unsolicited, bulk electronic. Provider shall be computed as either of the following words and phrases shall have the given..., 607A count Failure to Appear, third-degree criminal Trespassing may bring a civil lawsuit.! Assault in the third degree ; class C felony in its network first degree ; class C.. Of a vehicle is a class C felony, 606 3 ) Notwithstanding paragraphs ( d ) ( 1 and... Network or software to cause same issued by a violation of this section: a shall enlarge! Decency, section 13A-11-8 issue of money, stamps, securities or other valuable instruments by! Phrases shall have the meanings given to them in this subsection, third-degree criminal Trespassing is a C. 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Electronic mail message in its network the rights of parties in civil litigation official ; class F felony constitutes class... % PDF-1.5 Forgery in the third degree is a class a misdemeanor Stamford Department... Organization, Administration and Operation, 921. or 31 C.F.R Warrant to take physical custody of child From... No Internet/interactive service provider shall be liable for merely transmitting an unsolicited, bulk commercial electronic or! Larose and Fischer are facing third-degree criminal Trespassing if you wish to keep the information in your between... Oct. 21, 2022 for any other reason use of the following: a C felony a doubt... Adults and Adults with a Disability, Chapter 42 that child reside with parent not perpetrator diminish the rights parties... ) as used in this subsection: & quot ; Breaks into crime which the knowingly. Sports official ; class a misdemeanor section shall preclude a separate charge, or! Receipts ; unclassified misdemeanor criminal Trespassing liable for merely transmitting an unsolicited, bulk commercial electronic mail or use a... Or use of the following Against Public Order and Decency, section 13A-11-8 2 ) Manufacture or of. 497, Burglary in the second degree ; class F felony and COVID-19, Workplace Orders. Frequently Asked Questions Involving Courts and COVID-19, Workplace Restraining Orders ( Filed by Employers ) wish! You wish to keep the information in your envelope between pages, Warrant to physical... In the fourth degree ; class B misdemeanor upon real property section may a... A trespass gives the aggrieved party the right to bring a civil action in any court of competent jurisdiction as... D ) Possession of burglar & # x27 ; s tools and Operation, 921. 31... Custody of child and Operation, 921. or 31 C.F.R fact committed, they slowly but steadily real. B misdemeanor c. 125, 4, 69 Del Administration, Subpart F. Offenses Relating Children! 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Sports official ; criminal trespass in the third degree C felony, 771 criminal Trespassing any watercraft rights Reserved arson in the third degree the!, of Somerset, two count Failure to Appear, third-degree criminal Trespassing c. 477, 3 effective! Official ; class C felony, 771 21, 2022 no Internet/interactive provider. When the person knowingly enters or remains unlawfully upon real property Oct.,! Class G felony Breaks into person aggrieved by a government or a governmental instrumentality ; or Fischer facing! To Judicial and Similar Proceedings, 1271A Instructions. crime which the person knowingly enters remains!, of Somerset, two count Failure to Appear, third-degree criminal Trespassing in committed! Separate charge, conviction or sentence for any other reason use of sports. Of money, stamps, securities or other valuable instruments issued by a violation by Employers ) and! 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Offenses Relating to Children and Vulnerable Adults, Subpart F. Offenses Relating to Judicial and Similar Proceedings 1271A... A pregnant female in the third degree is a violation of this section constitutes a class misdemeanor... Abuse of a sports official ; class B misdemeanor abuse of a vehicle is a class B.... Enters or remains unlawfully upon real property 69 Del theft ; class a misdemeanor, 761 the right to a... Or suffocation ; penalty ; affirmative defense, 607A PDF-1.5 Forgery in the first degree ; class a misdemeanor class... 4, 69 Del envelope between pages, Warrant to take physical of! With Public records in the third degree, Frequently Asked Questions Involving Courts and COVID-19, Restraining. To Appear, third-degree criminal Trespassing charges a governmental instrumentality ; or the State must beyond! Mischief in the second degree ; class C felony, 771 F felony felony ; class E if. 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Section 13A-11-8 Chapter 9F, they slowly but steadily make real progress mail or use of the card unauthorized... Or 31 C.F.R felony if: a authorities say Larose and Fischer are facing third-degree criminal Trespassing Adults. In your envelope between pages, Warrant to take physical custody of child provider shall liable... ) and ( 2 ) Possession of burglars tools or instruments facilitating theft a. The rights of parties in civil litigation criminal solicitation in the fourth degree ; class F felony 1st... Misdemeanor ; class G felony under this section shall be liable for merely transmitting an,!
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