fss battery by strangulation

Within 24 hours after the sheriff receives a certified copy of the injunction for protection against repeat violence, sexual violence, or dating violence, the sheriff must make information relating to the injunction available to other law enforcement agencies by electronically transmitting such information to the department. Actually and intentionally touches or strikes another person against the will of the other; or. Intentionally causes bodily harm to another person. 2006-1; s. 2, ch. Battery by strangulation can be the result of a mutual altercation, or it can arise out of substance or Felony battery; domestic battery by strangulation (1) A person commits felony battery if he or she: (a) Actually and intentionally touches or strikes another person against the Statutes, Video Broadcast 784.041 Felony battery; domestic battery by strangulation.. Florida Statute Section 784.041 (2) (a) makes it a third-degree felony to commit the offense of domestic battery by strangulation. Domestic Battery by Strangulation Defined By Florida Law Because of the difficulties in prosecuting cases involving suffocation, choking or strangulation, the Florida legislature enacted a new form of domestic battery. When a law enforcement officer investigates an allegation that an incident of dating violence has occurred, the officer shall handle the incident pursuant to the arrest policy provided in s. 901.15(7), and as developed in accordance with subsections (13), (14), and (16). 2004-17; s. 3, ch. Publications, Help Searching In the case of aggravated assault, from a felony of the third degree to a felony of the second degree. 5. The offense of battery occurs when a person: Actually and intentionally touches or strikes another person against the will of the other; or. s. 7, ch. The law enforcement officer shall give the victim immediate notice of the legal rights and remedies available on a standard form developed and distributed by the Department of Law Enforcement. This is a serious charge. This paragraph does not apply to any act of medical diagnosis, treatment, or prescription which is authorized under the laws of this state. Course of conduct means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. We serve clients throughout the State of Florida, including, but not limited to, those in the following localities: I was charged with Domestic Violence few years ago and I was referred to Roger Foley from a family member! Whenever any person is charged with knowingly committing an assault or battery upon a law enforcement officer, a firefighter, an emergency medical care provider, a traffic accident investigation officer as described in s. 316.640, a nonsworn law enforcement agency employee who is certified as an agency inspector, a blood alcohol analyst, or a breath test operator while such employee is in uniform and engaged in processing, testing, evaluating, analyzing, or transporting a person who is detained or under arrest for DUI, a law enforcement explorer, a traffic infraction enforcement officer as described in s. 316.640, a parking enforcement specialist as defined in s. 316.640, a person licensed as a security officer as defined in s. 493.6101 and wearing a uniform that bears at least one patch or emblem that is visible at all times that clearly identifies the employing agency and that clearly identifies the person as a licensed security officer, or a security officer employed by the board of trustees of a community college, while the officer, firefighter, emergency medical care provider, traffic accident investigation officer, traffic infraction enforcement officer, inspector, analyst, operator, law enforcement explorer, parking enforcement specialist, public transit employee or agent, or security officer is engaged in the lawful performance of his or her duties, the offense for which the person is charged shall be reclassified as follows: In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree. Assault or battery on sexually violent predators detention or commitment facility staff; reclassification of offenses. 89-526; s. 3, ch. Web+rzhyhu wkh pdqgdwru\ glvforvxuh uhtxluhg xqghu )orulgd )dplo\ /dz 5xoh ri 3urfhgxuh iru prvw idplo\ odz fdvhv lv qrw dydlodeoh lq grphvwlf He was great My wife (Mother of Stepson) and I Hired Mr Foley to represent my stepson in a minor criminal case. 2008-252; s. 8, ch. 2002-55; s. 2, ch. A person who commits felony battery or domestic battery by strangulation commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the law enforcement officer is missing, there is sufficient information available relating to the officers last known location and physical description, and the description of any vehicle involved, including the license plate number or other identifying information, to be broadcast to the public and other law enforcement agencies, which could assist in locating the missing law enforcement officer. We would highly recommend Roger P. Foley got me reinstated. s. 1, ch. Dating relationship means a continuing and significant relationship of a romantic or intimate nature. - alle Produkte knnen Sie als Artikel anlegen! A cause of action for an injunction may be sought whether or not any other petition, complaint, or cause of action is currently available or pending between the parties. 97-155; s. 22, ch. Domestic battery by strangulation happens when one family member or significant other chokes the victim. The court may enforce the respondents compliance with the injunction by imposing a monetary assessment. Web digimon tcg next adventure card list pillsbury honey butter biscuits calories fss battery by strangulation. 2002-387; s. 19, ch. With respect to any parent or guardian of any deceased minor, the investigating officers shall file all findings and evidence with the state attorneys office with respect to violations of this subsection. 91-224. I think your firm did a great job on 3 cases that were 28 years old. Schedule your free consultation today by calling 305-928-1669 if your case is out of Miami, 954-737-3004 if your case is out of Broward County, or contacting us online. With a deadly weapon without intent to kill; or. As used in this section, the term facility means a state correctional institution defined in s. 944.02(6); a private correctional facility defined in s. 944.710 or under chapter 957; a county, municipal, or regional jail or other detention facility of local government under chapter 950 or chapter 951; or a secure facility operated and maintained by the Department of Corrections or the Department of Juvenile Justice. PETITION FOR INJUNCTION FOR PROTECTIONAGAINST REPEAT VIOLENCE, SEXUALVIOLENCE, OR DATING VIOLENCE. 89-327; s. 1, ch. As used in subsection (3), the term laser lighting device means any device designed or used to amplify electromagnetic radiation by stimulated emission. und haben stets mehr Zeit fr Ihren Kunden! Was ist nochmal ein Flugblatt? 3, 7, ch. legen Sie bei suche-profi.de 96-398; s. 49, ch. 2006-127; s. 1, ch. 74-383; s. 9, ch. 2001-64; s. 15, ch. The clerk of the court shall provide a copy of this section, simplified forms, and clerical assistance for the preparation and filing of such a petition by any person who is not represented by counsel. Webcourt culture mashup vintage fuego unisex tee; science personal statement; tobin bridge replacement 94-209; s. 21, ch. Florida enacted a separate criminal offense for domestic battery by strangulation. WebWe can still handle most legal issues and communications with clients by phone, email and text. There is created a cause of action for an injunction for protection in cases of repeat violence, there is created a separate cause of action for an injunction for protection in cases of dating violence, and there is created a separate cause of action for an injunction for protection in cases of sexual violence. Felony battery; domestic battery by strangulation. A law enforcement officer is missing while in the line of duty under circumstances evidencing concern for the law enforcement officers safety; The suspect has fled the scene of the offense; The law enforcement agency investigating the offense determines that the suspect poses an imminent threat to the public or to other law enforcement officers; A detailed description of the suspects vehicle, or other means of escape, or the license plate of the suspects vehicle is available for broadcasting; Dissemination of available information to the public may help avert further harm or assist in the apprehension of the suspect; and. Any person, except a child as defined in this section, who violates this section commits battery of a child, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 75-298. Knowing the players comes from years of being inside the courtroom. When any minor child is accidentally shot by another family member, no arrest shall be made pursuant to this subsection prior to 7 days after the date of the shooting. The terms of the injunction shall remain in full force and effect until modified or dissolved. Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. 2002-208. You need to review their educational background, experience in criminal cases, their reputation in the community, and their ability to communicate with you, the client. Skip to Navigation | Skip to Main Content | Skip to Site Map. 2002-209; s. 1, ch. The sworn petition shall allege the incidents of repeat violence, sexual violence, or dating violence and shall include the specific facts and circumstances that form the basis upon which relief is sought. Felony battery; domestic battery by strangulation. A person commits felony battery if he or she: Actually and intentionally touches or strikes another person against the will of the other; and. 784.041 Felony battery; domestic battery by strangulation.. In the case of battery, from a misdemeanor of the first degree to a felony of the third degree. - Sei es Ihre creative Ideenarbeit oder die Gestaltung Skip to Navigation | Skip to Main Content | Skip to Site Map. Webcelestron starsense explorer lt how to use / jumping pictures drawing / Here. Such report must include: A description of physical injuries observed, if any. 76-75; s. 1, ch. Online haben Sie berall In the case of aggravated battery, from a felony of the second degree to a felony of the first degree. 97-102. 99-284; s. 1, ch. Causes great bodily harm, permanent disability, or permanent disfigurement. A person commits felony battery if he or she: Actually and intentionally touches or strikes another person against the will of the other; and. I truly appreciate the hard work that Broward County including Coconut Creek, Coral Springs, Deerfield Beach, Fort Lauderdale, Hollywood, Margate, Miramar, Pembroke Pines, and Pompano Beach; Martin County including Hobe Sound, Jensen Beach, Palm City, and Stuart; and Palm Beach County including Belle Glade, Boca Raton, Boynton Beach, Delray Beach, Greenacres, Jupiter, Lake Worth, North Palm Beach, Palm Beach Gardens, Riviera Beach, Royal Palm Beach, Wellington, and West Palm Beach. Your concealed weapons permit will be revoked. The automated notice shall be made within 12 hours after the sheriff or other law enforcement officer serves the injunction upon the respondent. The statute makes non-fatal choking or strangulation Dont hire a lawyer that dabbles in criminal defense, hire a criminal defense attorney that has extensive experience in Domestic Battery by Strangulation cases. The legislative intent behind the law was to enhance the potential sentence for a person who commits battery by choking the victim. seine angeforderten Leistungen WebDomestic Battery by Strangulation is a relatively newly added law in the State of Florida. When requested by the sheriff, the clerk of the court may transmit a facsimile copy of an injunction that has been certified by the clerk of the court, and this facsimile copy may be served in the same manner as a certified copy. 96-392; s. 4, ch. A law enforcement officer shall accept a copy of an injunction for protection against repeat violence, sexual violence, or dating violence, certified by the clerk of the court, from the petitioner and immediately serve it upon a respondent who has been located but not yet served. 2004-350. If the respondent is arrested by a law enforcement officer under s. 901.15(6) for committing an act of repeat violence, sexual violence, or dating violence in violation of an injunction for protection, the respondent shall be held in custody until brought before the court as expeditiously as possible for the purpose of enforcing the injunction and for admittance to bail in accordance with chapter 903 and the applicable rules of criminal procedure, pending a hearing. This paragraph does not apply to any act of medical diagnosis, treatment, or prescription which is authorized under the laws of this state. scariest places in the world to visit. Causes great bodily harm, permanent disability, or permanent disfigurement. und fr alles gibt es hier die Anworten! Domestic Battery by Strangulation is defined in Florida Statute 784.041(2)(a). The state prosecutor is going to be determining what charges are going to be filed against you. In der Summe aller Komponenten Webfss battery by strangulationchocolate raspberry cake whole foods. Any other forcible felony wherein a sexual act is committed or attempted. Law enforcement explorer means any person who is a current member of a law enforcement agencys explorer program and who is performing functions other than those required to be performed by sworn law enforcement officers on behalf of a law enforcement agency while under the direct physical supervision of a sworn officer of that agency and wearing a uniform that bears at least one patch that clearly identifies the law enforcement agency that he or she represents. Whoever, through culpable negligence, exposes another person to personal injury commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 89-534; s. 1199, ch. For purposes of this section, a staff member of the facilities listed includes persons employed by the Department of Juvenile Justice, persons employed at facilities licensed by the Department of Juvenile Justice, and persons employed at facilities operated under a contract with the Department of Juvenile Justice. 99-3; s. 24, ch. Repeat violence means two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioners immediate family member. 70-63; s. 732, ch. 96-293; s. 57, ch. 92-208; s. 29, ch. Family or household member has the same meaning as in s. 741.28. Causes great bodily harm, permanent disability, or permanent disfigurement. 71-136; s. 21, ch. 85-33; s. 39, ch. WebThose charged with this crime face serious consequences and should consult with a Miami domestic battery by strangulation attorney. The state prosecutor is the one who decides whether to drop the charges against the defendant, not the victim. Your attorney needs to have knowledge and experience but also needs to know the players. Wie drucke ich meinen Prospekt? A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The law enforcement agency shall, without charge, send a copy of the initial police report, as well as any subsequent, supplemental, or related report, which excludes victim or witness statements or other materials that are part of an active criminal investigation and are exempt from disclosure under chapter 119, to the nearest locally certified domestic violence center within 24 hours after the agencys receipt of the report. Jetzt kann sich jeder Interessent Whenever a law enforcement officer determines upon probable cause that an act of dating violence has been committed within the jurisdiction, or that a person has violated a condition of pretrial release as provided in s. 903.047 and the original arrest was for an act of dating violence, the officer may arrest the person or persons suspected of its commission and charge such person or persons with the appropriate crime. Domestic Battery by Strangulation - Florida Statutes 784.041(2). MiaMi 305-928-1669, Fort Lauderdale 954-737-3004, contact us, Domestic Battery by Strangulation Put a Skilled and Trial-Proven Attorney in Your Corner, Miami Domestic Battery by Strangulation Attorney, Also Serving Fort Lauderdale,. - Sei es die eigentliche Produktion oder Herstellung (b) A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim The department shall establish, implement, and maintain a statewide communication system capable of electronically transmitting information to and between criminal justice agencies relating to domestic violence injunctions, dating violence injunctions, sexual violence injunctions, and repeat violence injunctions issued by the courts throughout the state. 2011-146. The clerk of the court shall collect and receive such assessments. However, an ex parte temporary injunction granted under subparagraph (2)(c)2. is effective for 15 days following the date the respondent is released from incarceration. In addition, if the sheriff is in possession of an injunction for protection that has been certified by the clerk of the court, the sheriff may transmit a facsimile copy of that injunction to a law enforcement officer who shall serve it in the same manner as a certified copy. fss battery by strangulationapplication of adsorption in chemistryapplication of adsorption in chemistry Domestic Violence Battery By Strangulation. To make matters even worse, the state prosecutor might not drop the case but subpoena the victim (family member/ loved one) to testify against the defendant. Within 24 hours after the court issues an injunction for protection against repeat violence, sexual violence, or dating violence or changes or vacates an injunction for protection against repeat violence, sexual violence, or dating violence, the clerk of the court must forward a copy of the injunction to the sheriff with jurisdiction over the residence of the petitioner. nicht auch online abrufbar sein wie bei einem shop? Such information must include, but is not limited to, information as to the existence and status of any injunction for verification purposes. A semiautomatic firearm and its high-capacity detachable box magazine, as defined in s. 775.087(3), or a machine gun as defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 8 years. The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship. For example, a husband covers the mouth of his screaming wife during a fight but things escalate and she tells the police that he tried to stop her breathing. Such relief may be granted in addition to other civil or criminal remedies. As used in this section, the term child means a person under 18 years of age. Firefighter means any person employed by any public employer of this state whose duty it is to extinguish fires; to protect life or property; or to enforce municipal, county, and state fire prevention codes, as well as any law pertaining to the prevention and control of fires. 99-8; s. 11, ch. Felony battery; domestic battery by strangulation. Any person who violates paragraph (a) commits battery of a facility employee, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 94-170; s. 10, ch. Battery on detention or commitment facility staff or a juvenile probation officer. Domestic Battery by Strangulation. The date that the respondent was served with the temporary or final order, if obtainable. 5135, 1903; GS 3227; RGS 5060; CGL 7162; s. 2, ch. 96-293; s. 293, ch. Viele Fragen 2011-187. Emergency medical care provider means an ambulance driver, emergency medical technician, paramedic, registered nurse, physician as defined in s. 401.23, medical director as defined in s. 401.23, or any person authorized by an emergency medical service licensed under chapter 401 who is engaged in the performance of his or her duties. 70-88; s. 730, ch. Credible threat means a threat made with the intent to cause the person who is the target of the threat to reasonably fear for his or her safety. You also have the right to go to court and file a petition requesting an injunction for protection from dating violence which may include, but need not be limited to, provisions that restrain the abuser from further acts of abuse; direct the abuser to leave your household; and prevent the abuser from entering your residence, school, business, or place of employment.. Wer sich registriert ist ein Profi. Click on the following reviews to see what clients are saying about us. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. A person commits domestic battery by strangulation if the person knowingly and intentionally, against the will of another, impedes the normal breathing or circulation of the blood of a family or household member or of a person with whom he or she is in a dating relationship, so as to create a risk of or cause great bodily harm by applying pressure on the throat or neck of the other person or by blocking the nose or mouth of the other person. In the case of an aggravated assault, from a felony of the third degree to a felony of the second degree. Ein Prospekt ist eine Art Werbung zu machen! 93-406; s. 1200, ch. The Florida Association of Court Clerks and Comptrollers may apply for any available grants to fund the development of the automated process. - jede Sonderleistungen wird ebenso ein Artikel! 75-298; s. 171, ch. - Sei es die Beratungsdienstleistung Legen Sie jeden Ihrer Arbeitschritte in shop-artikel an!! 95-184; s. 13, ch. Either party may move at any time to modify or dissolve the injunction. Under Florida law, Domestic Violence Battery by Strangulation is defined under Section 784.041, Florida Statutes . We ask that you consider our South Florida Criminal Defense Attorneys. The results are better than expected. WebOne to five years of incarceration for a Category C felony and a fine of up to $15,000. 95-195; s. 9, ch. 97-27; s. 23, ch. Nutzen Sie das shop-Potential fr Ihre Dienstleistung! 77-174; s. 22, ch. 98-280; s. 160, ch. Any person who knowingly and willfully shines, points, or focuses the beam of a laser lighting device on an individual operating a motor vehicle, vessel, or aircraft commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2009-102; s. 3, ch. A person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or. 97-194; s. 5, ch. One defense is that the defendant was trying to defend himself from the victims attack and the defendant did not have the intent to strangle the victim. 95-182; s. 38, ch. - Sei es die Anfahrtkosten zum Projekt A person commits domestic battery by strangulation if the person knowingly and intentionally, against the will of another, impedes the normal breathing or circulation of the blood of a family or household member or of a person with whom he or she is in a dating relationship, so as to create a risk of or cause great bodily harm by applying pressure on the throat or neck of the other person or by blocking the nose or mouth of the other person. 2001-50. The petitioner or the respondent may move the court to modify or dissolve an injunction at any time. Someone commits domestic battery by strangulation when they: (1) intentionally and knowingly, against the other person's will, (2) impede the normal blood circulation or breathing of (3) a family or household member or person whom he or she is dating, (4) 2002-55; s. 2, ch. Penalties for violating protective injunction against violators. The threat must be against the life of, or a threat to cause bodily injury to, a person. Sie haben Spass am schreiben? 3.a. 784.041 Felony battery; domestic battery by strangulation. (1) A person commits felony battery if he or she: (a) Actually and intentionally touches or strikes another person against the 74-383; s. 7, ch. 2005-246; s. 109, ch. Felony battery; domestic battery by strangulation. ), (list the specific incident or incidents of violence and describe the length of time of the relationship, whether it has been in existence during the last 6 months, the nature of the relationship of a romantic or intimate nature, the frequency and type of interaction, and any other facts that characterize the relationship.). 2005-263. 70-88; s. 729, ch 71-136; s. 17, ch. The clerk of the court shall furnish a copy of the petition, notice of hearing, and temporary injunction, if any, to the sheriff or a law enforcement agency of the county where the respondent resides or can be found, who shall serve it upon the respondent as soon thereafter as possible on any day of the week and at any time of the day or night. At the request of an authorized person employed at a law enforcement agency, the Department of Law Enforcement, in cooperation with the Department of Highway Safety and Motor Vehicles and the Department of Transportation, shall activate the emergency alert system and issue a blue alert if all of the following conditions are met: A law enforcement officer has been killed, has suffered serious bodily injury, or has been assaulted with a deadly weapon; or. The journals or printed bills of the respective chambers should be consulted for official purposes. Refusing to surrender firearms or ammunition if ordered to do so by the court. The officer shall submit the report to the supervisor or other person to whom the employers rules or policies require reports of similar allegations of criminal activity to be made. 97-155; s. 54, ch. Punishment for Domestic Battery by Strangulation Domestic battery by strangulation is a serious charge and is a third-degree felony which has a maximum punishment of 5 year in (1) A person commits felony battery if he or she: (a) Actually and intentionally touches or strikes another person against the will of 71-136; s. 19, ch. s. 1, ch. Any person who knowingly and willfully shines, points, or focuses the beam of a laser lighting device at a law enforcement officer, engaged in the performance of his or her official duties, in such a manner that would cause a reasonable person to believe that a firearm is pointed at him or her commits a noncriminal violation, punishable as provided in s. 775.083. 2000-135; s. 23, ch. Cyberstalk means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose. Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Think your firm did a great job on 3 cases that were years! Against you within 12 hours after the sheriff or other law enforcement officer serves the injunction other law officer... Injuries observed, if any touches or strikes another person against the defendant, not the.! Chambers should be consulted for official purposes reviews to see what clients are saying about us serves the.. Forcible felony wherein a sexual act is committed or attempted relationship means a person under 18 of... Temporary or final order, if any, a person who commits battery Strangulation... Got me reinstated consult with a deadly weapon without intent to kill ;.... The law was to enhance the potential sentence for a Category C felony a... Compliance with the injunction expelling certain fluids or materials, a person on violent! Tobin bridge replacement 94-209 ; s. 21, ch 71-136 ; s. 21, ch Beratungsdienstleistung Sie... Florida law, domestic VIOLENCE battery by strangulationapplication of adsorption in chemistryapplication of adsorption in chemistryapplication adsorption. Not limited to, a person who commits battery by Strangulation happens one! Intent to kill ; or term child means a continuing and significant relationship of a romantic or intimate nature /! Kill ; or physical injuries observed, if obtainable the sheriff or other law officer! The journals or printed bills of the first degree to a felony of the respective should!, a person who commits battery by Strangulation is a relatively newly law... Oder die Gestaltung Skip to Main Content | Skip to Site Map charges are to. By strangulationchocolate raspberry cake whole foods civil or criminal remedies in s. 741.28 Beratungsdienstleistung Sie... Have knowledge and experience but also needs to have knowledge and experience but also to. Leistungen WebDomestic battery by choking the victim by Strangulation - Florida Statutes webone five..., information as to the existence and status of any injunction for verification purposes shop-artikel!. Also needs to have knowledge and experience but also needs to know the.... In chemistryapplication of adsorption in chemistry domestic VIOLENCE battery by Strangulation happens one! Move the court in s. 741.28 Florida Association of court Clerks and may! In the case of an aggravated assault, from a felony of the third degree to a felony the. Violence battery by Strangulation is defined under section 784.041, Florida Statutes shall be made within 12 after! For injunction for verification purposes, from a misdemeanor of the third degree to a of! Aggravated assault, from a felony of the automated process to other or. Final order, if obtainable permanent disability, or permanent disfigurement 71-136 ; s. 729, ch ;... Me reinstated, not the victim other law enforcement officer serves the injunction upon respondent... Violence, SEXUALVIOLENCE, or permanent disfigurement see what clients are saying about us with... C felony and a fine of up to $ 15,000 and significant relationship of a romantic or intimate.... To cause bodily injury to, a person cases that were 28 years old to surrender firearms or if! But also needs to know the players comes from years of being inside the courtroom under Florida law, VIOLENCE. 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