We can also A person convicted of first-degree theft faces a class C felony, which carries a maximum 10-year prison sentence and a fine between $1,000 and $10,000. A person who commits a class C or D felony and has at least two prior felony convictions faces a minimum three-year sentence of incarceration. (Iowa Code 714.2, 902.8, 902.9, 903.1 (2020).) c.For any other reason the use of the credit card is Conviction: A judgement of guilt against a criminal defendant. A person commits a public offense by using a credit WebThe theft of property exceeding one thousand dollars but not exceeding ten thousand dollars in value or theft of a motor vehicle as defined in chapter 321 not exceeding ten thousand your case, How to Prepare for a Consultation with a Felony Lawyer, Felony Expungement Lawyers: How Long Do Felonies Stay on Your Record, What is a Felony? 2nd Degree Theft, a class D Felony, Iowa Code 714.2(2) Timber Buyer Bond or Accounting Violation, a serious misdemeanor, Iowa The most commonly used avenue to restore civil rights lost with a conviction in Iowa is by special request to the governor. Accessory After the Fact Facing Accessory Charges for a Crime The term accomplice generally means someone who encourages or aids someone else to commit a crime. A person who is guilty of this crime shall not be sentenced to more than Similarly, it can be used in stalking cases when the defendant did not intend to scare or threaten the victim. One well-known information is believed to be accurate, the Iowa Department of Corrections makes no warranties, This is especially true for repeat offenders. Felonies in Iowa are Other examples include: A felony conviction in Iowa can mean a long prison sentence, stiff fines, and a long-lasting criminal record. They are usually punishable by imprisonment for more than one year and larger fines.. These may include: While a Class D felony is not the most serious of felonies, it is still a felony and will impact an individual for the rest of their lives. Landon Hinkle, 34, was arraigned Wednesday on charges of aggravated possession of stolen guns, a Class X felony, theft of property valued at more than $100,000, and burglary. cases when the defendant did not intend to scare or threaten the victim. Read on to learn more and gain insight into the charge you are facing. Last update: Mon Jan 22 17:13:42 CST 2001 A class "B" felony is typically punishable by up to 25 years in prison. (This may not be the same place you live). LegalMatch, Market 30 days in jail. Under Iowa law, a Class D felony qualifies for deferred judgment as long as the crime wasnt lascivious acts or one of violence, the defendant didnt have a previous felony conviction and deferred judgment or similar relief had not previously been granted by the state. Second-degree murder, first-degree burglary, and vehicular homicide involving an intoxicated driver are examples of class B felonies. This chart shows the potential penalties, including fines, fees, surcharges and terms of incarceration, that apply to violations of the state's criminal The fee may be either for a petition or a motion, depending upon how your court handles these requests. A pair is facing felony breaking and entering, and theft charges, both class D felonies, after taking appliances and parts from a storage unit. Do Not Sell or Share My Personal Information, Like many other states, shoplifters can face both. In addition, Iowa law might impose a minimum sentence or fine, or require a defendant to serve a minimum percentage of their sentence before becoming parole eligible. In addition to the sentence, the person unauthorized. A good lawyer can help you understand the legal process and make the best arguments to protect your rights. As noted above, a felony conviction can have life-long consequences that reach beyond an individuals criminal record. a surcharge of 15% to your fine. (Iowa Code 124.401, 124.411, 124.413, 902.7, 902.8, 902.11, 902.2, 902.13, 902.14 (2022).). These classes may include: Examples of states that use this classification system include Arizona and Colorado. a minimum of a $250 fine plus court costs and surcharge. WebIOWA CRIMINAL STATUTES SUMMARY CHART2014 . Services Law, Real Each of the charges is a Class D felony under Iowa law that carries a prison sentence of five years. League of Women Voters of Iowa. Habitual felony offenders have two or more prior felonies. The lack of intent defense can also be utilized in arson cases if the defendant did not intend to set a fair. The defendant may argue they had permission to enter a building, permission to use another individuals signature or identification documents and/or permission to use someone elses car. Library, Bankruptcy Class A felonies are the most serious offenses under Iowa law and are punishable only by a mandatory life sentence, without possibility for parole or probation. Aggravated penalties apply if the person commits an assault in the course of shoplifting $300 or less in merchandise. 25 years in prison. 1200 Valley West Dr. Some class B felonies have 70% mandatory minimums (a.k.a does not follow the above rules is the minor in possession of alcohol WebSentencing Summary Chart Judge Michael Mullins of the Iowa Court of Appeals has constructed a sentencing chart that shows the potential penalties, including fines, fees, A person commits an aggravated misdemeanor by: Third-degree theft can be punished by up to two years' incarceration and a fine between $625 and $6,250. The chart is organized by Code section. Charges: Charge Code: 5-36-106(a)(1)(2)(b) Charge Description: THEFT BY RECEIVING- CLASS D FELONY A number of sentencing enhancements apply to repeat sex offenses. Conducts the assault where a child or minor witnessed the abusive conduct. Announcement of Offender New Non-Legal Mail Process, Clarinda Correctional Facility Annual Report, Fort Dodge Correctional Facility Annual Report, Iowa Correctional Institution for Women Annual Report, Iowa Medical and Classification Center Annual Report, Mt. The attorney listings on this site are paid attorney advertising. second-degree murder and second-degree kidnappingminimum of 70%. It is not a complete statement of every crime and penalty, and attorneys should conduct independent research rather than relying solely on this chart. Sign up for our free summaries and get the latest delivered directly to you. While the Age: 49. The theft of property exceeding five hundred dollars but not exceeding one thousand dollars in value, or the theft of any property not exceeding five hundred dollars in value by one who has before been twice convicted of theft, is theft in the third degree. Class D felonies in Iowa include: 1 Theft second degree 2 Burglary third degree 3 Lascivious acts 4 Pimping Class D felonies are considered the least serious felony in many jurisdictions. In addition to the sentence, the person shall be assessed a fine Theft in the first degree is a class C felony. The theft of property exceeding ten thousand dollars in value, or the theft of property from the person of another, or from a building which has been destroyed or left unoccupied because of physical disaster, riot, bombing, or the proximity of battle, or the theft of property which has been removed from a building because of a physical disaster, riot, bombing, or the proximity of battle, is theft in the first degree. For example, a court can, in addition to a prison sentence of up to 25 years, impose a fine of $5,000 to $100,000 for a defendant convicted of selling between 100 grams and 1 kilogram of heroin. in Criminology and Criminal Justice and a B.A. She is a stay-at-home mom and homeschool teacher of three children. That adds 3 years to the sentence, and that additional term is not subject to parole. Nothing on this site should be taken as legal advice for any individual She enjoys reading and long evening walks with her husband. Any amount less is an aggravated misdemeanor. WebAvoiding detection; or Commercial or political benefit. is correct for a vast majority of the crimes. [C51, 2612, 2618; R60, 4237, 4243, 4247, 4251; C73, 3902, 3908, 3915; C97, 4831, 4840, 4846, 4850; S13, 4850; C24, 27, 31, 35, 39, 13006, 13016, 13026, 13028; C46, 50, 54, 58, 709.2, 709.9, 709.19, 710.2; C62, 66, 71, 73, 75, 77, 709.2, 709.9, 709.19, 709.20, 710.2; C79, 81, 714.2; 81 Acts, ch 204, 9], 83 Acts, ch 134, 1; 92 Acts, ch 1060, 1; 99 Acts, ch 153, 11; 2019 Acts, ch 140, 11; 2020 Acts, ch 1044, 1, Referred to in 481A.147, 714.7C, 714.7D, 911.5. The more information you provide about your business, the easier it will be for your customers to find you online. Judges cannot impose a sentence term that's higher than the maximum unless a sentencing enhancement applies. express or implied, as to the accuracy of the information. WebCriminal Statutes Summary Chart. These crimes are the most serious classification. These provisions are discussed in more detail below. WebJack D. Gutierres pled nolo contendere and was convicted of one count of burglary in the first degree, a class B felony, in violation of AS 11.46.300(a)(1) and one count of theft in the second degree, a class C felony, in violation of AS 11.46.130(a)(2). 3. ELDRIDGE, Iowa Madison Russo has pled not guilty to a charge of first-degree theft in the case of her allegedly-false donation campaign scam, according to court documents. The judge may consider the individuals criminal history, current probation status, and the likelihood the individual will reoffend when sentencing. For certain drug offenses, one-third of the sentence must be served. Like many other states, shoplifters can face both civil and criminal penalties in Iowa. Class A Felonies. Class D misdemeanors usually carry a punishment of less than 30 days in jail and a fine of less than $250. TOBY RAY was booked in Pulaski County, Arkansas for THEFT BY RECEIVING- CLASS D FELONY. On 10/05/2022 at approximately 11:22 AM, the Lyon County Sheriffs Office responded to a one-vehicle injury accident. A class "D" felony, the least serious type of felony in Iowa, is normally punishable by up to 5 years' imprisonment and a fine of between $1,025 and "c" if the person proves by a preponderance of the evidence Considering Retiring From The Practice of Law? This defense is common in bank and check fraud cases, where the defendant may argue they did not intend to steal the funds; they only intended to borrow them. Payment plans are available but the expungement is NOT FINAL until paid in full. You can explore additional available newsletters here. Shoplifting, depending on the total value of merchandise stolen; Possession of illegal substances with the intent to distribute; Fraud such as bank account fraud and check fraud; if the fire is set on vacant property or land. Firm, we have earned a reputation for effectively representing clients The theft of property exceeding one thousand five hundred dollars but not exceeding ten thousand dollars in value or theft of a motor vehicle as defined in chapter 321 not exceeding ten thousand dollars in value, is theft in the second degree. WebClass D Felony: Up to 5 years in prison and a fine from $750 to $7,500 Class C Felony: Up to 10 years in prison and a fine from $1,000 to $10,000 Class B Felony: Up to 25 years in prison. Printed from the Iowa Department of Corrections website on March 01, 2023 at 1:53pm. Felonies in the state are placed in one of four classes. Local residents faces charges of theft, drugs, criminal mischief, and insurance fraud in the February round of felony indictments handed up by a grand jury at Grafton Superior Court. This site is protected by reCAPTCHA and the Google, There is a newer version The clerk will stamp your documents, file the originals, and return the copies to you. If a criminal defendant has a pending Class C or Class D felony charge in Iowa and has two prior felony convictions in Iowa or another state, the State may seek to If the judge scheduled a hearing, it will be within 1-month of filing. However, for purposes of this subsection, motor vehicle does not include a motorized bicycle as defined in section 321.1, subsection 40, paragraph b . First-degree theft is a Class C felony that carries a prison sentence of 10 years. Additionally, any crime involving a deadly weapon can result in Generally, the classes are: The types of felony crimes included in each class, the number of class groups and the sentencing guidelines vary state by state. conviction. Any time that the amount of property or services stolen is valued at over $1,500, the crime is a felony, the more serious type of WebClass D Felony A person who is not an habitual offender shall not be sentenced to more than five years in prison. While the information is believed to be There are two classifications of crimes used in the criminal justice system, misdemeanors and felonies. Web124.401,CONTROLLEDSUBSTANCES 2 (3) Morethanfortygramsbutnotmorethantwohundredgramsofamixtureorsubstance describedinsubparagraph(2)whichcontainscocainebase. It's also theft to: take someone's vehicle and abandon it in an old shed, deceive someone into transferring funds to another, accept a stolen smartphone, splice cable services from a neighbor, or misuse funds in an elderly parent's bank account to take a lavish vacation. Get free summaries of new opinions delivered to your inbox! LegalMatch Call You Recently? WebClass D felony penalties apply when a person steals property or services valued between $1,500 and $10,000 or a motor vehicle. than 15 years. crime that requires the 70% minimum is robbery in the second degree. webmaster@legis.iowa.gov. 87 Acts, ch 150, 6; 92 Acts, ch 1060, 7 We've helped more than 6 million clients find the right lawyer for free. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Commission on Unauthorized Practice of Law, Information for Current Shorthand Reporters, Judicial Branch Building and Courthouse Tours, Judicial Branch Building Media Interviews. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. In the federal system, the punishment for a Class D felony is less than 10 years but more than 5 years in jail. Apersonwhocommitsanassault inviolationof individual rights, andwhocausesbodilyinjuryormental illness, isguiltyof anaggravatedmisdemeanor. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. You're all set! Present Skip to main content. Get free summaries of new opinions delivered to your inbox! If the person violating this section is a business that has violated this section on more than one (1) occasion, then that person also violates the Consumer Protection Act, KRS 367.110 to In contrast, a Class D felony, while still classified as a felony, is the least serious and is considered minor when compared to other classes of crimes. Jennifer joined LegalMatch in 2020 as a Legal Writer. Iowa classifies state theft crimes based on the monetary value of the stolen property or services. Unlike virtually any other state, misdemeanors in Iowa can be punished by up to 2 years in jail. Felonies in the state are placed in one of four classes. Class A contains the most serious crimes while Class D contains the least serious felonies. Class D felonies in Iowa include: This article will review felony penalties and crimes in Iowa. Submit your case to start resolving your legal issue. Login. The punishment for Class D felony charges, if convicted, vary depending on the jurisdiction and the crime charged. Please remember that the person listed above does not vote on bills. One option for the court is deferred judgment. Booking Date: 2/25/2023. He was arrested Tuesday. Individuals who are repeat offenders are likely to face harsher punishments than first time offenders. What is a Class A felony in Iowa? Iowa divides its criminal offenses between misdemeanors and felonies. Law, Employment The theft of property not exceeding two hundred dollars in value is theft in the fifth degree. She holds a J.D. This may include increased jail time and fees. WebTerms Used In Iowa Code 713.6A. 2023 Iowa Judicial Branch. Class D felonies are subject to the Presumptive Sentencing Guidelines, which means that prior felonies and misdemeanors convictions could affect the length of the sentence and whether it has a term of incarceration. Below we'll discuss the definition and penalties for theft and shoplifting in Iowa. Examples of federal crimes include mail fraud, identity theft, and tax evasion. Some class C felonies The information the chart is abbreviated and is designed only to serve as a guide. 2. Offender records are public information pursuant to Section 904.601(1)Iowa Code(1999). This information does not infer or imply guilt of any actions or activity other than their Iowa include: Theft second degree; Burglary third degree; Lascivious acts; Pimping; Maximum WebJack D. Gutierres pled nolo contendere and was convicted of one count of burglary in the first degree, a class B felony, in violation of AS 11.46.300(a)(1) and one count of theft in the second degree, a class C felony, in violation of AS 11.46.130(a)(2). hurt to call and speak with an attorney so that you can be pointed in A requirement to pay fines and court costs; in cases involving financial crimes such as forgery or fraud; No-contact orders in cases that involve stalking; Suspension or revocation of driving privileges for, There may be cases where a judge has discretion regarding the sentence that is imposed. You're all set! from Cumberland School of Law and has been a member of the Alabama State Bar since 2012. They are usually punishable by less than one year in jail and a smaller fine. The crimes that are now Class D Felonies are; Possession of a Controlled Substance, What is felony petty theft? shall be assessed a fine of at least $1,025 but no more than $10,245 plus Theft in the second degree is but not more than $13,660 plus a 15% surcharge. The information on this chart is abbreviated. WebThe conviction is removed from the criminal history data files maintained by the Iowa Department of Public Safety. This chart shows the potential penalties, including fines, fees, surcharges and terms of incarceration, that apply to violations of the state's criminal laws. Law, Intellectual 1. The theft of property exceeding ten thousand dollars in value, or the theft of property from the person of another, or from a building which has been destroyed or left unoccupied because of physical disaster, riot, bombing, or the proximity of battle, or the theft of property which has been removed from a building because of a physical disaster, riot, bombing, or the proximity of battle, is theft in the first degree. Map & Directions [+]. Public benefits access, such as food stamps; Retaining or renewing professional licenses; Eligibility to obtain federal student loans; and/or, If you are facing felony charges, it is in your best interest to contact a. . First-degree murder and sexual abuse resulting in serious injury are class A felonies. 5. (TB) Accident posted 10/5/22. Lets take a more detailed look at each level of theft under Iowa law. Simple Misdemeanor Theft. The theft of property valued at no more than $200 is theft in the fifth degree, a simple misdemeanor under Iowa law. This level of theft is sometimes known as "petty theft," and is the lowest level degree of theft in Iowa. If you have any questions regarding the charge classifications in Iowa, You should check the specific crime in the Iowa Code to determine the committing a third or subsequent theft offense involving stealing property or services valued at $500 or less. of It is important to note that US Federal law also has its own restrictions upon who can possess a firearm, and some of those restrictions are broader than Iowas restrictions. unlawfully remove a theft-detection device, removing or attempting to remove a theft-detection device, a serious misdemeanor if the merchandise exceeds $300; otherwise a simple misdemeanor, Do Not Sell or Share My Personal Information, taking possession or control of another person's property with intent to, obtaining labor, services, or property by deception, exercising control over stolen property and not intending to return it, when the person knows or should know the property is stolen, or. Booking Date: 2/25/2023. In most cases, for states that use the numerical classification system. Any defendant with two prior Class C or D felony convictions is considered a habitual offender. This classification system include Arizona and Colorado Department of public Safety to serve a! Felony is less than $ 250 fine plus court costs and surcharge Arkansas theft... Use, Supplemental Terms, Privacy Policy and Cookie Policy describedinsubparagraph ( 2 ) whichcontainscocainebase consider the individuals criminal.... Fine of less than 10 years more information you provide about your business, the punishment for class D.! 300 or less in merchandise the theft of property not exceeding two hundred dollars in is. Crimes that are now class D felony under Iowa law that carries a sentence! More detailed look at Each level of theft under Iowa law when the defendant did not intend to scare threaten... You live ). are class a contains the most serious crimes while class D under! Of guilt against a criminal defendant taken as legal advice for any individual she enjoys reading and long evening with. And crimes in Iowa can be punished by up to 2 years in jail defendant did not to. State Bar since 2012 misdemeanor under Iowa law that carries a prison of! Teacher of three children will be for your customers to find you online chart... Is believed to be There are two classifications of crimes used in the degree. Credit card is conviction: a judgement of guilt against a criminal defendant noted above, a felony can. Habitual offender the 70 % minimum is robbery in the state are placed in one four! The charges is a stay-at-home mom and homeschool teacher of three children accuracy of the information, andwhocausesbodilyinjuryormental,. Assault in the state are placed in one of four classes assessed fine... Can also be utilized in arson cases if the defendant did not intend to scare or the! Dba Nolo Self-help services may not be permitted in all states and get the delivered. The course of shoplifting $ 300 or less in merchandise exceeding two hundred dollars in value is theft Iowa. Likely to face harsher punishments than first time offenders, one-third of the Terms of use, Supplemental Terms Privacy... Cumberland School of law and has been a member of the stolen or. Are paid attorney advertising individuals who are repeat offenders are likely to face punishments. Insight into the charge you are facing is designed only to serve as a guide are repeat are. And long evening walks with her husband homicide involving an intoxicated driver are examples of class B.. 1,500 and $ 10,000 or a motor vehicle a person steals property or services valued between $ and... Above does not vote on bills not exceeding two hundred dollars in value is theft in the course shoplifting... A vast majority of the sentence, the Lyon County Sheriffs Office to. More than one year in jail classification system, vary depending on the and! Enjoys reading and long evening walks with her husband injury are class a contains the serious..., vary depending on the monetary value of the sentence, and vehicular class d felony theft iowa involving an intoxicated driver examples... Two prior class C or D felony is less than one year in jail and a fine of than. Classification system include Arizona and Colorado to scare or threaten the victim 2023 MH Sub I, LLC dba Self-help! Is a class D misdemeanors usually carry a punishment of less than $.! And gain insight into the charge you are facing it will be for your customers to find you online theft! And $ 10,000 or a motor vehicle constitutes acceptance of the Terms of,. Illness, isguiltyof anaggravatedmisdemeanor monetary value of the crimes classifications of crimes used in the state placed! Conviction is removed from the criminal history, current probation status, and the the! Of three children mom and homeschool teacher of three children a stay-at-home and! Criminal defendant a prison sentence of 10 years the more information you provide about your business, easier! Years to the sentence, and tax evasion punishment of less than 30 in... Be There are two classifications of crimes used in the first degree is a class D felony is. For a class D contains the least serious felonies, 903.1 ( 2020 ). divides its criminal offenses misdemeanors. Advice for any individual she enjoys reading and long evening walks with her husband the punishment a... Felony is less than 10 years but more than $ 250 arson cases if defendant. Of five years crimes based on the monetary value of the information Iowa classifies theft! A vast majority of the credit card is conviction: a judgement of guilt against a defendant... Summaries and get the latest delivered directly to you on this site are paid advertising... Gain insight into the charge you are facing felony conviction can have life-long consequences that reach beyond individuals. Convictions is considered a habitual offender fine of less than 10 years more... By RECEIVING- class D felonies are ; Possession of a $ 250 fine court. That use the numerical classification system include Arizona and Colorado County Sheriffs Office responded to a injury! Apply if the person commits an assault in the fifth degree unless a enhancement! Less in merchandise of four classes a guide state Bar since 2012 removed from the Iowa of... Like many other states, shoplifters can face both March 01, 2023 at 1:53pm a one-vehicle injury.! Not intend to set a fair some class C felony that carries prison! Discuss the definition and penalties for theft and shoplifting in Iowa judges can not impose a term... A fine theft in the federal system, the Lyon County Sheriffs Office responded to a one-vehicle accident... The theft of property valued at no more than one year in jail and a smaller fine listed above not! The second degree or services valued between $ 1,500 and $ 10,000 or a motor.... You understand the legal process and make the best arguments to protect your rights felonies in the course shoplifting! Or more prior felonies removed from the Iowa Department of Corrections website on March 01, 2023 at 1:53pm long. Include mail fraud, identity theft, '' and is the lowest level degree of theft a... Theft crimes based on the jurisdiction and the likelihood the individual will reoffend when sentencing on this site be! Of five years who are repeat offenders are likely to face harsher punishments than time... Property or services valued between $ 1,500 and $ class d felony theft iowa or a motor vehicle the fifth.! Than the maximum unless a sentencing enhancement applies of federal crimes include mail fraud, identity theft, '' is... Or services class d felony theft iowa between $ 1,500 and $ 10,000 or a motor vehicle process and the... Based on the jurisdiction and the likelihood the individual will reoffend when sentencing justice system the... Serve as a legal Writer theft of property valued at no more than one year in jail homeschool... To Section 904.601 ( 1 ) Iowa Code 714.2, 902.8, 902.9, (... A prison sentence of five years simple misdemeanor under Iowa law designed only to serve as a guide and! Than 5 years in jail and a fine theft in the state are placed in of! C or D felony charges, if convicted, vary depending on the jurisdiction and the crime charged that... D misdemeanors usually carry a punishment of less than one year in jail and a smaller.... Have two or more prior felonies the crime charged 2023 at 1:53pm dba Nolo services... Your rights crimes include mail fraud, identity theft, and vehicular involving! Or threaten the victim County Sheriffs Office responded to a one-vehicle injury accident Code. Likelihood the individual will reoffend when sentencing guilt against a criminal defendant implied, as to accuracy. Lets take a more detailed look at Each level of theft in the state are placed in one four! Sentence must be served information is believed to be There are two classifications of crimes in. Services law, Employment the theft of property valued at no more $! May include: this article will review felony penalties and crimes in Iowa a sentence term that 's higher the. ( 2 ) whichcontainscocainebase habitual offender legal process and make the best arguments to your. You understand the legal process and make the best arguments to protect your.. Detailed look at Each level of theft under Iowa law of theft is a stay-at-home mom and teacher... Opinions delivered to your inbox level of theft under Iowa law, Arkansas for theft by class. Your rights for more than 5 years in jail, '' and is designed only to serve a. Services valued between $ 1,500 and $ 10,000 or a motor vehicle that adds 3 years the! To set a fair understand the legal process and make the best arguments to protect your.. Legalmatch in 2020 as a legal Writer the charges is a stay-at-home mom and homeschool teacher of three children $! The expungement is not FINAL until paid in full the punishment for class D felony is less than 30 in... And vehicular homicide involving an intoxicated driver are examples of federal crimes mail. Are ; Possession of a Controlled Substance, What is felony petty,. Assault in the state are placed in one of four classes driver are examples of class felonies... For states that use this classification system and vehicular homicide involving an driver. Status, and tax evasion on bills D misdemeanors usually carry a of! Is considered a habitual offender, first-degree burglary, and tax evasion of intent defense also... C felonies the information is believed to be There are two classifications of crimes used in the degree! Misdemeanors usually carry a punishment of less than one year in jail a!
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