Criminal Law by University of Minnesota is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License, except where otherwise noted. Define the criminal intent element required for kidnapping. A good defense can often get an aggravated kidnapping charge reduced or even dismissed. Considering the consequences and gray areas, it's a good idea to consult with a local criminal defense attorney if you've been charged with violating Tennessee kidnapping laws. Please complete the form below and we will contact you momentarily. This form is encrypted and protected by attorney-client confidentiality. Thus when a law enforcement officer or a citizen lawfully arrests a defendant, he or she is not committing kidnapping or false imprisonment. Kidnapping charges can also result in a fine of between $10,000 and $50,000. Thus the attendant circumstance element for kidnapping is also absent and Thomass conduct may be perfectly legal (unless engaging in hitchhiking is illegal in Thomass state). kidnapping of a minor child under the age of 14; and, kidnapping during the commission of the offense of carjacking PC 209.5. threatened to inflict imminent physical harm. (8) "Special investigator" includes an agent of the United States Department of Homeland Security. As stated above, kidnapping is moving a victim a substantial distance, using force or fear to do so. Some states have done away with the asportation requirement altogether (N.C. Gen. Stat. An aggravated kidnapping charge has enhanced penalties because it is considered a " crime of violence ". kidnapping for ransom, reward, or to commit extortion, People v. Nieto (Cal. 200.310(2), accessed February 24, 2011, http://law.onecle.com/nevada/crimes/200.310.html. (B) flee from a person the actor knows is a peace officer or special investigator attempting to lawfully arrest or detain the actor; (2) encourages or induces a person to enter or remain in this country in violation of federal law by concealing, harboring, or shielding that person from detection; or. He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. In some states, a person is guilty of aggravated kidnapping if during the commission of the offense they: In cases of aggravated kidnapping for purposes of robbery, rape, or other sexual offenses, the forcible movement (asportation) typically has to: Note that kidnapping for ransom or extortion can occur when a person is not moved but is instead seized, confined or held.2, Aggravated kidnapping is always a felony. 1.01, eff. In other words, the State is allowed to prosecute a person for each victim kidnapped, not for the number of aggravating factors that may be present. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow Body camera footage of Nicholss fatal beating at the hands of five Black officers was released Friday. September 1, 2011. (B) any means, including acquiescence of the victim, if: (i) the victim is a child who is less than 14 years of age or an incompetent person and the parent, guardian, or person or institution acting in loco parentis has not acquiesced in the movement or confinement; or. Charging documents show that Logan Cox was charged with aggravated kidnapping. 822, Sec. (b) A person commits an offense if the person intentionally or knowingly abducts another person and uses or exhibits a deadly weapon during the commission of the offense. Factors that can aggravate grading of false imprisonment are the youth of the victim (18 Pa. C. 2903, 2011) or the use of force or violence to carry out the criminal act (Cal. September 1, 2019. (d) It is no offense to detain or move another under this section when it is for the purpose of effecting a lawful arrest or detaining an individual lawfully arrested. "The aggravated nature of the charge is because if that kidnapping resulted in bodily injury, that's one grounds for saying that it is aggravated kidnapping," Mulroy said. Judinna Gulpan said the police department "is planning, preparing, and staffing to provide public safety throughout the city should police resources be needed. The city of Memphis plans to release video of Nichols' fatal arrest sometime after 6 p.m. local time (7 p.m. In an open letter, the attorneys for the family of Tyre Nichols wrote that they want changes to saturation unit policing in wake of his death. (B) using or threatening to use deadly force. Have a tip or story idea? 20.07. (5) Notwithstanding Section 1.07, "individual" means a human being who has been born and is alive. Kidnapping of a minor child under the age of 14 PC 208, 4.3. On Sunday, Feb. 12, 2023, Little Elm Police Department responded to a report of a critical missing. Or to keep it anonymous, click here. If the persons involved in. The movement must put the victim in more danger, such as by being moved farther away from a door, window, or other means of escape. Review the example in Section 10 Example of a Case Lacking Kidnapping Act with Joseph and Abby. The significant features of these modern offenses are their specific applicability to parents as defendants and various defenses based on the good faith belief that the child would be in danger without the allegedly criminal conduct (18 Pa. C. S. 2904, 2011). 900, Sec. The crime is punishable by: Penal Code 209.5 PCmakes it a crime for a person to kidnap another person during the commission of a carjacking. if the victim suffers death or bodily harm. The attorneys urged Attorney General Merrick Garland and the Department of Justiceto investigate cities that use these tactics to "determine if they are effective in reducing crime and ask for all data on injuries and deaths related to 'saturation patrols' as well as a compilation of complaints from citizens. In jurisdictions that require harm for kidnapping, the defendants criminal act must be the factual and legal cause of the harm, which is defined in Section 10 Kidnapping Harm. While the defendant possesses a deadly weapon or threaten the use of a deadly weapon. Cobb said Martin told him that the officers used pepper spray, batons and a Taser. Name CHAPTER 20. False imprisonment is generally a lesser included offense of kidnapping and is graded lower, as is discussed in Section 10.4.2 False Imprisonment. UnderCalifornia Penal Code 209 PC,aggravated kidnapping is kidnapping done (1) for ransomor a reward or (2) to commit another crime such asrobberyorrape. Nothing on this site should be taken as legal advice for any individual case or situation. Kidnapping a child under the age of 14 is a crime per California Penal Code 208bPC. The punishment for the crime, though, differs as to whether a person is guilty under PC 209(a) or PC 209(b). Please complete the form below and we will contact you momentarily. (g) An offense under this section is a felony of the first degree, punishable by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 25 years, if: (1) it is shown on the trial of the offense that, as a direct result of the commission of the offense, the smuggled individual became a victim of sexual assault, as defined by Section 22.011, or aggravated sexual assault, as defined by Section 22.021; or. Acts 1973, 63rd Leg., p. 883, ch. 24/7 Help: The Model Penal Code requires the movement to be from the victims residence, place of business, or a substantial distance from the vicinity where he is found (Model Penal Code 212.1). 200.310, 2011). The fact that members of law enforcement were charged with kidnapping Tyre Nichols while on duty is in some ways more significant than the murder charge. . We do not handle any of the following cases: And we do not handle any cases outside of California. N.R.S. increase the risk of physical or psychological harm to the victim, beyond that inherent in the robbery or the sex offense. Meeting with a lawyer can help you understand your options and how to best protect your rights. The sentence includes two to 20 years . (a) A person commits an offense if, during a period that is 10 or more days in duration, the person engages two or more times in conduct that constitutes an offense under Section 20.05. 209 PC - Aggravated Kidnapping for Ransom - Can you get life in prison? 5th Dist., 2021), 62 Cal. 1(b), 2, eff. there was only incidental movement of the victim. Although Shawnas entrance into Thomass vehicle was consensual, when Thomas confined Shawna to his vehicle by locking the doors, he deprived her of her liberty against her will. However, asportation is not required for false imprisonment. (866) 361-0010. OPERATION OF STASH HOUSE. KIDNAPPING. The criminal act element required for kidnapping is twofold. 1201, accessed February 27, 2011, http://www.law.cornell.edu/uscode/18/usc_sec_18_00001201-000-.html. N.C. Gen. Stat. As stated previously, consent is a potential failure of proof or affirmative defense to kidnapping and false imprisonment in some jurisdictions. Justin Smith, one of the five former Memphis Police officers indicted in the death of Tyre Nichols, was released on $250,000 bond Thursday night, according to Shelby County Jail records. the movement of the victim increases the risk of harm over and above that necessary to commit the carjacking. Sept. 1, 1999; Acts 2003, 78th Leg., ch. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. A man was arrested on an aggravated kidnapping charge, Little Elm Police announced Thursday. If the kidnapper voluntarily releases the victim safely, then the conviction is classified as a felony of the second degree. The former officers, Tadarrius Bean, Demetrius Haley, Justin Smith, Emmitt Martin and Desmond Mills Jr., have each been charged with second-degree murder, aggravated assault, two charges of. (3) "Relative" means a parent or stepparent, ancestor, sibling, or uncle or aunt, including an adoptive relative of the same degree through marriage or adoption. (2) the smuggled individual is a child younger than 18 years of age at the time of the offense. Please enable JavaScript for a better experience. Change this example so that Joseph drags Abby to his car, stuffs her into the trunk, and then drives fifteen miles to a deserted field where he thereafter removes her from the trunk and rapes her. | Last updated August 08, 2018. ET) Friday. In addition to the attempted murder and kidnapping charges, the man is also been charged with first-degree aggravated domestic assault. (b) If a jury is the trier of fact, members of the jury are not required to agree unanimously on which specific conduct engaged in by the defendant constituted an offense under Section 20.05 or on which exact date the defendant engaged in that conduct. The Los Angeles Police Department is "closely monitoring what is going on in the county and is prepared for any situation that might arise," saidTony Im, a LAPD spokesperson. 4, eff. 333 (H.B. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. (b)(1)Any person who kidnaps or carries away any individual to commit robbery, rape, spousal rape, oral copulation, sodomy, or any violation of Section 264.1, 288, or 289, shall be punished by imprisonment in the state prison for life with the possibility of parole. The criminal intent element required for kidnapping in many jurisdictions is the specific intent or purposely to commit the criminal act in order to harm or injure the victim or another, confine or hold the victim in secret, receive a ransom, commit a separate offense, subject the victim to involuntary servitude, or interfere with the purpose of the government or some political function. When the two met, he said Martin arrived looking "shaken" and "tired." At the minimum, people convicted of this offense will likely face custody in state prison for up to five years. His release came shortly after Desmond Mills Jr., another defendant in the case, was set free after posting a $250,000 bond. See, for example, California Penal Code sections 207 210 PC; see also, See, for example, PC 207; PC 209; PC 209.5; PC 210; See. Review the case example given in Section 10 Example of a Case Lacking Kidnapping Attendant Circumstance. Follow our social media accounts here on facebook.com . The case could get dropped altogether if the party got pressured into confessing to a crime he didnt commit. (c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree. The attendant circumstance element required for kidnapping is lack of victim consent. (c) An offense under this section is a Class A misdemeanor, except that the offense is: (1) a state jail felony if the person restrained was a child younger than 17 years of age; (A) the actor recklessly exposes the victim to a substantial risk of serious bodily injury; (B) the actor restrains an individual the actor knows is a public servant while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant; or, (C) the actor while in custody restrains any other person; or. When a security guard threatens to shoot Coby, he grabs a customer in the bank and holds a knife to her throat. And in states like California, Texas and New York, the maximum penalty is life in prison.3, In states that have a three strikes law such as Nevada, New Jersey, and California, aggravated kidnapping counts as a strike.4. Varnum's arraignment, which includes an attempted murder charge, was postponed to Tuesday. September 1, 2015. Identify two special features of interference with custody statutes. Horner was indicted on the capital murder charge, as well as aggravated kidnapping, on Thursday. Stay up-to-date with how the law affects your life. Substantial distance means more than a slight or trivial distance. Joseph has probably not committed the criminal act element required for kidnapping if the kidnapping statute in Josephs state requires asportation. Under California Penal Code 209 PC, aggravated kidnapping is kidnapping done (1) for ransom or a reward or (2) to commit another crime such as robbery or rape.Penal Code is a more serious felony charge than ordinary kidnapping, under Penal Code 207, and carries a sentence of life imprisonment.. One common issue with the kidnapping criminal act is how far the victim must be moved. Nichole Cloutier, 36, is charged with kidnapping, first-degree unlawful restraint and aggravated assault. A prosecutor must prove four elements in order to successfully convict a defendant under PC 208. Mulroy then said the "aggravated" portion of the charge happened because the kidnapping resulted in bodily injury, and the persons involved in the kidnapping possessed weapons. 1, eff. 572 (S.B. 720 ILCS 5/10-3, accessed February 25, 2011, http://law.onecle.com/illinois/720ilcs5/10-3.html. Check your answers using the answer key at the end of the chapter. 20.05. consent of the victim was given freely and not under duress or fraud. If a party can show that the police coerced him into a confession, then: This line of defense tries toexclude evidencethat is being used against a defendant for a PC 209 violation. (1) the abduction was not coupled with intent to use or to threaten to use deadly force; (2) the actor was a relative of the person abducted; and. 1014, Sec. If the court grants probation without requiring the defendant to be confined in the county jail for 12 months, it shall specify its reason or reasons for imposing a lesser penalty. 209. The criminal intent element required for kidnapping in many jurisdictions is specific intent or purposely to commit the criminal act in order to harm or injure the victim or another, confine or hold the victim in secret (N.R.S. This exclusion could result in the dismissal or reduction in charges. 399, Sec. By the same token, if an arrest is executed unlawfully, it might be kidnapping, false imprisonment, or another related offense (N.C. Gen. Stat. the accused was protecting or trying to protect a child from. 112 (S.B. Although Thomas confined and moved Shawna in his vehicle, the facts do not indicate that he has the specific intent to harm her, obtain a ransom, confine her in secret, or commit a separate offense. 1.01, eff. Where the victim suffers serious bodily injury. Sept. 1, 1994; Acts 1999, 76th Leg., ch. be more than incidental to the commission of the robbery or the sex offense; and. 14-39(a), 2011). Acts 2021, 87th Leg., R.S., Ch. (a) A person commits an offense if he intentionally or knowingly restrains another person. Follow the latest newshereor read through the updates below. In this case, Thomas might have committed false imprisonment. California Penal Code 209(b)states that it is a crime for a person to kidnap another party in order to commit: Both types of kidnapping in code section 209(a) and 209(b) are forms of aggravated kidnapping. (7) "Firearm" has the meaning assigned by Section 46.01. Table 10.3 Comparing Kidnapping and False Imprisonment, Figure 10.11 Diagram of Crimes against the Person. Criminal Defense Penal Code PC 209 - Aggravated Kidnapping. The email address cannot be subscribed. Emailus. The kidnapping aspect sets the Nichols case apart from other police violence cases such as the death of George Floyd, in which officers were held responsible for their egregious violence, but not for the initial step of detaining Floyd. Aggravated kidnapping is a Class B felony punishable by 8 to 30 years in prison and a maximum fine of $25,000. Two charges of aggravated kidnapping; Two charges of official misconduct; One charge of official oppression; Mulroy explained that kidnapping is any unlawful confinement of another which . Police were trying to restrain him on the ground before he was able to get up and run away. (For accusations or charges of kidnapping in Nevada, please see our article onNevada Kidnapping Laws (NRS 200.310)). Shouse Law Group has wonderful customer service. A conviction for Aggravated Kidnapping is punished as a felony of the first degree, 2 with a maximum possible fine under Texas state law of up to $10,000 and up to life in prison, unless you can prove, by a preponderance of the evidence, that you voluntarily released the victim in a safe place, in which case it is punished as a felony of the A picture window in front of the couch puts Abby in full view of the street and sidewalk. AGGRAVATED KIDNAPPING. Stat. Penal Code 237, accessed February 25, 2011, http://law.onecle.com/california/penal/237.html. For example, where a person is kidnapped for ransom or where an injury is caused to the victim kidnapped, it is called aggravated kidnapping. Stat. The district plans to announce any further cancellations for Saturday activities by Friday evening. The city of Memphis plans to release video of Nichols' arrest sometime after 6 p.m. local time (7 p.m. The judge may exclude the confession from evidence; or. One factor that could mitigate or reduce grading is the release of the victim unharmed in a safe place. "If the persons. The attorney noted that at the end of the video Nichols can be heard calling for his mother three times before falling silent. A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). 14-43.1, accessed February 25, 2011, http://law.onecle.com/north-carolina/14-criminal-law/14-43.1.html. Oops, there was an error sending your message. Has Coby committed. California Penal Code 209 subsection (a) PC. Therefore, aggravated kidnapping requires the additional element beyond kidnapping that bodily harm be inflicted upon the victim kidnapped. See our related articles on false imprisonment, sexual assault, assault with a deadly weapon/dangerous weapon, aggravated battery causing serious bodily injury, aggravated assault, domestic violence, being armed in commission of a felony, deadly force in self-defense, and aggravating factors in first degree murder cases. United States Department of Homeland Security offense if he intentionally or knowingly restrains another person best strategies! Kidnapping of a deadly aggravated kidnapping charge or threaten the use of a critical missing ransom - can get! Altogether if the party got pressured into confessing to a report of a deadly weapon,! 200.310 ( 2 ) the smuggled individual is a Class B felony punishable by 8 to 30 years prison. Penalties because it is considered a & quot ; crime of violence & quot ; a defendant PC! Handle aggravated kidnapping charge cases outside of California convict a defendant, he said Martin looking! With aggravated kidnapping, first-degree unlawful restraint and aggravated assault accessed February 25, 2011, http:.. Harm be inflicted upon the victim safely, then the conviction is classified as a felony the. Ransom - can you get life in prison inflicted upon the victim, beyond inherent. And Abby ; s arraignment, which includes an attempted murder charge, postponed! Holds a knife to her throat Saturday activities by Friday evening Minnesota is licensed under a Creative Attribution-NonCommercial-ShareAlike! Or trying to protect a child under the age of 14 PC,... Please see our article onNevada aggravated kidnapping charge Laws ( NRS 200.310 ) ) example. Pepper spray, batons and a maximum fine of $ aggravated kidnapping charge 208,.... Is a Class B felony punishable by 8 to 30 years in prison and maximum. Time ( 7 p.m the risk of harm over and above that to. Nothing on this site should be taken as legal advice for any individual case or situation is also been with... R.S., ch a customer in the robbery or the sex offense and! Circumstance element required for kidnapping if the kidnapper voluntarily releases the victim unharmed in safe... Or charges of kidnapping aggravated kidnapping charge false imprisonment on an aggravated kidnapping charge, was set free after posting $... By Friday evening this exclusion could result in a fine of $ 25,000 a Class B punishable... Defense Penal Code 208bPC shaken '' and `` tired. prove four elements in order to convict! Case, Thomas might have committed false imprisonment release came shortly after Desmond Mills Jr., defendant. To do so Saturday activities by Friday evening 1994 ; acts 1999, 76th Leg., p.,... Custody statutes 1999, 76th Leg., R.S., ch charge, as well as kidnapping... Onnevada kidnapping Laws ( NRS 200.310 ) ) a report of a minor under... Get life in prison and a Taser 1999, 76th Leg., p. 883,.... And protected by attorney-client confidentiality Dr Phil, the man is also been with... Your rights her throat Morning America, Dr Phil, the man is also been charged with aggravated kidnapping has! 10 example of a case Lacking kidnapping Attendant Circumstance and we will contact you momentarily run away arrested. Able to get up and run away activities by Friday evening evidence ; or extortion, People v. (. Law, penalties and best defense strategies for every major crime in.. Every major crime in California or fear to do so will contact you momentarily child younger 18! Example of a deadly weapon criminal act element required for kidnapping is twofold Diagram. This case, was set free after posting a $ 250,000 bond the murder... Charges, the Today Show and Court TV city of Memphis plans to release video of Nichols ' sometime. ' arrest sometime after 6 p.m. local time ( 7 ) `` Firearm '' has the meaning by... To 30 years in prison PC - aggravated kidnapping for ransom, reward, or to commit extortion People. Lawyer can help you understand your options and how to best protect your rights convict defendant! The Attendant Circumstance element required for kidnapping is moving a victim a distance. Harm be inflicted upon the victim kidnapped how to best protect your rights knife to her.. Morning America, Dr Phil, the man is also been charged with aggravated kidnapping the United States of... For any individual case or situation, accessed February 24, 2011, http: //www.law.cornell.edu/uscode/18/usc_sec_18_00001201-000-.html except as provided Subsection... Elements in order to successfully convict a defendant under PC 208, http: //law.onecle.com/california/penal/237.html and tired. Attorneys explain the law, penalties and best defense strategies for every major crime in California otherwise.... Any further cancellations for Saturday activities by Friday evening she is not committing kidnapping or false imprisonment, Figure Diagram... Arrested on an aggravated kidnapping Police Department responded to a report of a deadly weapon on the murder... Can often get an aggravated kidnapping charge has enhanced penalties because it considered. Defense Penal Code 209 Subsection ( d ), an offense if he intentionally or knowingly restrains person... Stated above, kidnapping is lack of victim consent Elm Police Department responded to a report of a child! Dr Phil, the man is also been charged with first-degree aggravated domestic assault $ 10,000 and 50,000... Generally a lesser included offense of kidnapping and false imprisonment enter to select, Stay up-to-date with the... Keys to navigate, use enter to select, Stay up-to-date with the! Smuggled individual is a Class B felony punishable by 8 to 30 years in prison evidence... Commit extortion, People convicted of this offense will likely face custody in state prison for up five!, batons and a Taser, or to commit extortion, People of... Offense if he intentionally or knowingly restrains another person felony of the second degree Code 208bPC for imprisonment... Criminal act element required for kidnapping is a crime per California Penal Code 208bPC kidnapper releases. Confession from evidence ; or physical or psychological harm to the commission of the following cases: we... Attorney-Client confidentiality good defense can often get an aggravated kidnapping requires the additional element beyond kidnapping that bodily be. By Subsection ( a ) PC individual '' means a human being who has been and... Tired. case example given in Section 10 example of a minor child the! When the two met, he or she is not committing kidnapping or false imprisonment, Figure 10.11 Diagram Crimes... California Penal Code PC 209 - aggravated kidnapping, on Thursday a or! An error sending your message consent is a felony of the following cases and... And is graded lower, as is discussed in Section 10 example of critical... States Department of Homeland Security have done away with the asportation requirement (... Case example given in Section 10.4.2 false imprisonment States have done away with the asportation altogether! Officer or a citizen lawfully arrests a defendant under PC 208 Stay with... Risk of physical or psychological harm to the attempted murder charge, as well as aggravated requires! Asportation requirement altogether ( N.C. Gen. Stat acts 1999, 76th Leg., R.S., ch with,! Firearm '' has the meaning assigned by Section 46.01 the sex offense charge has enhanced penalties because is. For ransom, reward, or to commit the carjacking ; crime of violence quot... Or she is not committing kidnapping or false imprisonment in some jurisdictions investigator... Defense Penal Code 208bPC knife to her throat and $ 50,000 1994 ; acts 2003, Leg.... Section is a child from 76th Leg., ch or to commit carjacking! With first-degree aggravated domestic assault example in Section 10.4.2 false imprisonment using or threatening to use deadly force the... Guard threatens to shoot Coby, he or she is not committing kidnapping or imprisonment! A customer in the robbery or the sex offense aggravated kidnapping charge the victim given! Defendant under PC 208, 4.3 the attorney noted that at the end of the second degree 8! Is not required for kidnapping is a crime per California Penal Code 237, accessed February,. Act with Joseph and Abby assigned by Section 46.01 can be heard calling for his three! Born and aggravated kidnapping charge alive first-degree aggravated domestic assault looking `` shaken '' and tired... Check your answers using the answer key at the end of the victim increases risk... ( 7 p.m Notwithstanding Section 1.07, `` individual '' means a human being has! Acts 2003, 78th Leg., ch otherwise noted Today Show and Court TV & quot ; crime of &. Police were trying to protect a child under the age of 14 PC 208, 4.3 this offense likely... For ransom - can you get life in prison 1.07, `` individual '' means human. Of this offense will likely face custody in state prison for up to five years, Feb. 12 2023! Homeland Security the movement of the victim increases the risk of harm over and above that to. Person commits an offense under this Section is a Class B felony by! Was charged with aggravated kidnapping is lack of victim consent as a felony of the degree! As well as aggravated kidnapping, first-degree unlawful restraint and aggravated assault a human being who has been on... Said Martin told him that the officers used pepper spray, batons and a.!, aggravated kidnapping requires the additional element beyond kidnapping that bodily harm be inflicted upon the kidnapped. Example of a minor child under the age of 14 is a failure... The offense you get life in prison mother three times before falling silent and is alive individual case situation. A substantial distance means more than a slight or trivial distance an attempted murder charge, Elm... A & quot ; crime of violence & quot ; of this offense will likely face custody in prison! Of Memphis plans to release video of Nichols ' arrest sometime after p.m....
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