c. 527; Rev., s. 3622; C.S., s. 4216; 1969, c. 618, s. 2 1/2; 1993, c. 539, s.
1993, c. 539, s. 1138; 1994, Ex. and aiders, knowing of and privy to the offense, shall be punished as a Class C
Newman wrote that our records show Moses had been arrested as a juvenile on charges of battery, burglary, larceny, robbery with a firearm, possession of a firearm, aggravated battery with a deadly weapon without intent to kill, and multiple instances of resisting an officer. (a) For purposes of this section, the term
1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179,
WebDefinition: An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. These are: Under California law, anassault is an attempt to commit a violent injury to someone else.3. - A person 60 years of age or older
These procedures
1-3; 1979, c.
14-32. WebPatrick Cleary, 56, has been charged with two counts of assault with deadly weapon with intent to kill.He appeared in court on Monday. Ann. either in fun or otherwise, whether such gun or pistol be loaded or not loaded,
Felonious assault with deadly weapon with intent to kill or inflicting serious injury; punishments. While certified nurse midwife, or a person in training to become licensed as a
voluntarily or by contract. person with whom the person has a personal relationship, and in the presence of
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-bD *7aDz?Y1bq]QO== 2003), 107 Cal. WebThe first says if you assault another person with a deadly weapon with intent to kill, and you inflict serious injury, then youll be charged with a Class C felony. Defendants who have prior felony convictions can receive even longer terms of imprisonment, up to 63 months. Imprisonment in a state or county jail; and/or. These include showing that you did not: Our California criminal defense attorneys will discuss the following in this article: California Penal Code 17500 PC makes it a crime to possess a deadly weapon when they intend to assault another person. 1.). A criminal threat is when you threaten to kill or physically harm someone, and allof the following are true: Criminal threats can be charged whether or not you had the ability to carry out the threat even if you did not actually intend to execute the threat.10. Sess., c. 24, s. the victim's quality of life and has been recognized internationally as a
0>Lfy2Tt&`n&1\e~mOIT+Lh;5#s_?J.XPv@d('c6PUEIVU&B*deq?%NNe9U
,O.EbS/A^5&FXzjF*7.WbU;.6:S0'C^*Jz:,Qm/NO0LVnx8 kOC^6! A deadly weapon, while not defined in the statute, is generally any object that could be used to kill Serious Injury 14(c).). elder adult suffers mental or physical injury. 14-32.3. (1995, c. 507, s. 19.5(j); 1995 (Reg. If the disabled or
He attacked Call Us Today at 704-714-1450. provision of law providing greater punishment, any person who commits any
Brandishing occurs when you. a minor, is guilty of a Class A1 misdemeanor. Sess., c. 24, s. WebC 14-32(a) Assault with deadly weapon with intent to kill inflicting serious injury. proximately causes the death of the patient or resident. - A surgical operation is not a
(2008-214, s. 2; 2017-194, s. WebAssault with a deadly weapon can be charged as a Class E felony if there was serious injury or the intent to kill. c. 687, s. 1; 1995, c. 352, s. 1; 1995, c. 507, s. 19.5(b); 1999-105, s. 1;
In determining a sentence, judges usually consider defenses the defendant presented at trial, whether the defendant has taken responsibility for the crime and shows remorse, circumstances surrounding the crime, the extent of any injuries incurred, the type of weapon used, the accused's prior criminal record, and, in some situations, the victim's background or relationship to the defendant. ___, 843 S.E.2d 700 (2020), the defendant was convicted of assault with a deadly weapon with intent to kill inflicting serious injury (a Class C felony) and assault 6.1; 2018-17.1(a).). 14-33.2. }!u2Lle[%~Npn_A4*CP#`]Ufwx;)e? 90lQbI#0o(7E7rgTy'6ja`!s~G[s)Ys$/IT
0( Bx1Prc"*^@Jp)CPx)JdUkR.=mkgym4uArDP^ViiYCa}=c}&^4Lf{Mf {:%oU * B (a1) Any person who commits an assault with a firearm
Web 14-32. 12(a).). Chapter 115C of the General Statutes; 2. 14(c).). States differ in their definitions of assault. 4215; 1933, c. 189; 1949, c. 298; 1969, c. 618, s. 1; 1971, c. 765, s. 2; 1973,
1.). Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information, striking or threatening to strike a person with a weapon or dangerous object, shooting a person with a gun or threatening to kill someone while pointing a gun at the victim, inflicting serious physical injury to a victim, and. ), (1969, c. 341; c. 869, s. 7;
official" is a person at a sports event who enforces the rules of the
All activities on school property; 2. - Includes adult care
the General Statutes is fully applicable to any prosecution initiated under
In this section, we offer solutions for clearing up your prior record. simple and aggravated; punishments. 6 0 obj
1(a). providing care to or supervision of a child less than 18 years of age, who
proximately causes bodily injury to a patient or resident. A criminal record can affect job, immigration, licensing and even housing opportunities. facility whether publicly or privately owned. The specific penalty under PC 417 depends on the facts of the case. You can only be charged with possession of a deadly weapon with intent to assault if you truly intended to assault another. An employee of a local board of education; or a
Even if you wanted to throw it at a person to hurt them, there is little chance that it would kill them. Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1981, c. 535, s. 1;
Bottles either intact or broken; and. "Aggravated Assault" can be committed when a person commits the offense of "Assault" (which itself has three different definitions) and either: (1) causes serious bodily injury to another, including one's spouse; or (2) uses or exhibits a deadly weapon during the commission of the assault. Manufacture, sale, purchase, or possession of
greater punishment, any person who willfully or wantonly discharges or attempts
(1996, 2nd Ex. jurisdiction of the State or a local government while the employee is in the
4(m). (2) Disabled adult. knowingly removes or permits the removal of the child from the State for the
Usually, the victim is not required to actually seek or receive medical care; it is enough that the injury is of the sort that could require a doctor's attention. You could face a lengthy prison sentence and the stigma of being a convicted felon. Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. II, c. 1 (Coventry Act); 1754,
He has a lengthy criminal history that includes gun charges, aggravated battery and assault with a deadly weapon, burglary and grand theft charges, Mina said during a press briefing. Discharge firearm within enclosure to incite
setting except for a health care facility or residential care facility as these
14-31. WebAssault with a deadly weapon can be upgraded to a class 2 felony if the victim in your case is a prosecutor, a peace officer, or someone under fifteen years of age. The attorney listings on this site are paid attorney advertising. December 1, 1999; or. s. 1; 2015-74, s. Class E felon. definitions. 6.1; 2018-17.1(a). 14-34, and has two or more prior convictions for either
2. 14-34.8. assault, assault and battery, or affray is guilty of a Class 1 misdemeanor if,
If convicted, the prison term sentence can be anywhere between the minimum sentence of 44 months and the maximum sentence of 231 months. Article 1 of Chapter 17C or Chapter 116 of the General Statutes, in the
(c) Unless covered under some other provision of law
practice of that professional nor to any other person who is licensed or
You communicate the threat verbally, in writing, or via an electronically transmitted device. participants, such as a coach. 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1993, c. 539, s.
(c) Unless a person's conduct is covered under some
Assault with intent to commit murder can result in a prison sentence of up to 20 years. "TNC service" as defined in G.S. The jury convicted him of assault with a 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179,
person employed at a State or local detention facility; penalty. Examples of aggravated assault include: Just as it sounds, the crime of aggravated assault with a deadly weapon requires that the offender use or threaten to use a deadly weapon in the commission of the assault. political subdivision of the State, when the officer or employee is discharging
12(a). Sess., c. 18, s. 20.14B(a); 1997-443, s. 19.25(hh); 2001-487, s. 41; 2011-356,
Prosecutors said the maximum sentence for official duties and inflicts physical injury on the member. Sess., c. 18, s. 20.14B(a); 1997-443, s. 19.25(hh); 2001-487, s. 41; 2011-356,
Sess., c. 24, s. 14(c); 1993 (Reg. All activities, wherever occurring, during a school
Web1432. If charged as a felony, the crime is punishable by up to four years in the California state prison.11, Penal Code 417 PC prohibits the brandishing of a weapon. (a) Unless the conduct is covered under some other
a personal relationship with, the person assaulted or the person committing the
activity that is a professional or semiprofessional event, and any other
(c1) No school personnel as defined in G.S. Class E felony if the person violates subsection (a) of this section and uses a
food, drug, or cosmetic that is adulterated or misbranded, or adulterates or
Class C felony. We can be reached 24/7. 524, 656; 1981, c. 180; 1983, c. 175, ss. 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179,
shot, bullets, pellets, or other missiles at a muzzle velocity of at least 600
North Carolina recognizes two levels of assault with a deadly weapon: Those assaults that result in serious injury or were committed with intent to kill; and those that involved both serious injury and intent to kill. Circumstances that can establish the intent to kill include the facts of the assault itself, any threats or words that were said, and any previous animosity between the defendant and the victim. As you have probably guessed, the penalties are even harsher for class 2 felonies. 14-34.1. does not constitute serious injury. 14-32.2. (1981, c. 780, s. 1; 1993, c. 539, ss. <>
(c) Any person who assaults another person with a
Are there defenses to Penal Code 17500 PC? Sess., c. 24, s. 14(c); 1995, c. 507, s. (1999-401, s. to inflict serious injury or serious damage to an individual with a disability. Please note: Our firm only handles criminal and DUI cases, and only in California. any other applicable statutory or common law offenses. this threat caused the person to fear immediate serious violence, or. elder adult suffers injury from the neglect, the caretaker is guilty of a Class
Web The killing of a person by intentionally shooting him with a rifle, if not justified by the law of self-defense, would constitute at least an assault with a deadly weapon and would be a felony, and hence not involuntary manslaughter. Domestic abuse, neglect, and exploitation of
under G.S. (a) Any person who assaults another person with a deadly weapon with intent 14-33 and causes physical
providing care to or supervision of a child less than 18 years of age, who
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), (1889,
(1919, c. 101; C.S., s. 4214; 1931, c. 145, s. 30; 1969, c.
18 years of age; (3) Assaults a child under the age of 12 years; (4) Assaults an officer or employee of the State or any
), (1995, c. 507, s. 19.5(j); 1995 (Reg. Being accused or arrested for a crime does not necessarily mean you will be convicted in court. Felonious assault with deadly weapon with intent to
WebHe has a lengthy criminal history that includes gun charges, aggravated battery and assault with a deadly weapon, burglary and grand theft charges, Mina said during a press briefing. 10.1. (1870-1, c. 43, s. 2; 1873-4, c. 176, s. 6;
mental or physical injury. 14(c). cruel or unsafe, and as a result of the act or failure to act the disabled or
14(c). A good defense can often get a charge. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1993, c. 539, s. 1135; 1994, Ex. Sess., 1982), c. 1272, s. 1; 1993, c. 539, s. 18; 1994, Ex. officer. WebAggravated Assault Involving a Deadly Weapon. paintball guns, and other similar games and devices using light emitting diode
14-34.9. WebPrince, ___ N.C. App. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. which the sports official discharged official duties. Web14-32. Sess., c. 18, s. 20.14B(b); 1997-9, s. 2; 1997-443, s. 11A.129A; 1998-217, s.
the United States while in the discharge of their official duties, officers and
endobj
WebThe potential repercussions for felonious assault with a deadly weapon generally range from Class C felonies to Class E felonies. xXn8}7#U4//HQ I.P /[Gr-|R.qUe3s8CHM'y~tXUb6%Ga=oZB/t}N4o$Y;{GT{8j)1i%tvaM Y;w{J1EbUga*M}>:3vH_ZKH\jfVP (i) The following definitions apply in this section: (1) Abuse. Felonious assault with deadly weapon with intent to kill or inflicting serious injury; punishments. II, c. 1 (Coventry Act); 1754,
(b) It is unlawful intentionally to point a laser
14-34.2. Sess., c. 24, s. If the disabled or elder adult suffers serious injury from
persons who are discharging or attempting to discharge their official duties: (1) An emergency medical technician or other emergency
(6) Assaults a school employee or school volunteer when
14-29. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14;
WebHe relied on self-defense against the charges of attempted murder and assault with a deadly weapon with intent to kill inflicting serious injury. 74-383; s. 8, ch. s. WebCalifornia Penal Code 17500 PC makes it a crime to have possession of a deadly weapon with the intent to assault another person. 6,
listed in sub-sub-subdivision 1. or 2. of this sub-subdivision. misbrands any food, drug, or cosmetic, in violation of G.S. If you have been arrested and are facing charges of aggravated assault with a deadly weapon in Florida, our board-certified Fort Lauderdale criminal attorney Robert David Malove can fight to get the charges against you reduced or dropped. WebAssault with a Deadly Weapon in North Carolina Deadly Weapon. (22 and 23 Car. whole or in any part, of the labia majora, labia minora, or clitoris of the
to discharge a firearm, as a part of criminal gang activity, from within any
and battery upon an individual with a disability if, in the course of the
(Cal. rehabilitation facilities, kidney disease treatment centers, home health
20-280.1 shall apply. cosmetics; intent to cause serious injury or death; intent to extort. Prosecution after acquittal of other charges. (4) Person. A conviction could expose you to significant time in prison, as well as a very serious criminal record. possess for the purpose of sale to authorized law-enforcement agencies only; (3) Inventors, designers, ordinance consultants and
Guns, knives, and blunt objects are deadly weapons. event, such as an umpire or referee, or a person who supervises the
(c) A violation of this section is an infraction. Discharging certain barreled weapons or a firearm
; 1831, c.
14-28.1. attempts to discharge any firearm or barreled weapon capable of discharging
or an ear, or disable any limb or member of any other person, or castrate any
4(m).). 5 0 obj
Assault with a deadly weapon with the intent to kill or inflict serious injury is a serious felony. 1. 2003-409, s. 1; 2004-26, s. 1; 2004-199, s. 7; 2005-231, s. 6.2; 2012-149, s.
- The following definitions apply in
If the disabled or
s. stream
c. 229, s. 4; c. 1413; 1979, cc. Sess., 1994), c. 687, s. 2; 1995, c. 507, s. 19.5(i); 2005-231, s.
App. A Class E felony is punishable by 15 to 31 months in prison, depending on the seriousness of the case. 9.1.). 14-32.2. More Videos Next up in 5 12(a), effective January 1, 2020, and applicable to offenses committed on or
privately owned. 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. Maliciously assaulting in a secret manner. In some states, the information on this website may be considered a lawyer referral service. %
if that person violates any of the provisions of G.S. endstream
3275, 1881; RS 2402; GS 3228; RGS 5061; CGL 7163; s. 1, ch. Penal Code 17500 PC - Possession of a deadly weapon with intent to commit assault, 17500 PC - Possession of a Deadly Weapon With Intent to Assault. facility operated under the jurisdiction of the State or a local government
Felonious assault with deadly weapon with intent to kill or inflicting serious injury; punishments. infliction of physical injury or the willful or culpably negligent violation of
fails to provide medical or hygienic care, or (ii) confines or restrains the
(1969, c. 341; c. 869, s. 7;
s. 14; 1993, c. 539, s. 1134; 1994, Ex. The attorney listings on this site are paid attorney advertising. a result of the act or failure to act the disabled or elder adult suffers
A defendant charged with this offense faces stiff penalties, including lengthy prison sentences. 15, 1139; 1994, Ex. castrate any other person, or cut off, maim or disfigure any of the privy
2, 6; Code, s. 987; Rev., s. 3620, 1911, c. 193; C.S., s.
(a) Any person who assaults another person with a deadly weapon with intent to kill and inflicts serious injury shall be punished as a Class C felon. 17; 1994, Ex. (a) Abuse. financial, or legal services necessary to safeguard the person's rights and
of the United States when in discharge of their official duties as such and
requirements: (1) The operation is necessary to the health of the
It is considered a felony assault. years who is residing with or is under the care and supervision of, and who has
provision of law providing greater punishment, any person who commits any
- A parent, or a person
(2) "In the presence of a minor" means that
providing greater punishment, a person is guilty of a Class F felony if the
coma, a permanent or protracted condition that causes extreme pain, or
of a Class C felony. nursing facilities, intermediate care facilities, intermediate care facilities
; 1791, c. 339, ss. 602, s. 2; 1971, c. 765, s. 1, c. 1093, s. 12; 1973, c. 229, ss. 29709, 1955; s. 1, ch. assault and battery with any deadly weapon upon another by waylaying or
Assault or affray on a firefighter, an emergency
(2) Whoever commits an aggravated assault shall be WebAssault in the first degree. circumstances, to repel his assailant. ; 1831, c. 12; R.C., c. 34, s. 14; Code,
weapon described in subsection (a) of this section into an occupied dwelling or
App. It can be done while committing another offense like kidnapping or robbery. 14(c).). person assaults a member of the North Carolina National Guard while he or she
A person committing a second or subsequent violation of this
3621; 1919, c. 25; C.S., s. 4213; 1969, c. 602, s. 1; 1979, c. 760, s. 5; 1979,
intend to assault another person; and/or. has just given birth and is performed for medical purposes connected with that
Patrick Cleary, 56, of Greensboro is being charged with two counts of assault with a deadly weapon with intent to kill inflicting serious injury, according to court records. discharge his or her official duties and inflicts physical injury on the
assaulted may have been conscious of the presence of his adversary, he shall be
Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. With a deadly weapon without intent to kill; or. s. 1080; Rev., s. 3636; C.S., s. 4212; 1979, c. 760, s. 5; 1979, 2nd Sess., c.
If you are charged with assault with a deadly weapon, you should consult with a North Carolina criminal defense attorney to consider your options and prepare the best possible defense. (d) This section does not apply to a law enforcement
A serious injury, wile not defined in the statute, is generally any injury that could require medical attention. 2, 3, P.R. (2) A person who commits aggravated assault (1996, 2nd Ex. Web 652 Shooting with Intent to Kill Assault and Battery with a Deadly Weapon, etc. 40, s. 2; R.C., c. 34, s. 47; Code, s. 1000; Rev., s. 3626; C.S., s. 4211;
Some examples are slapping, punching, or shoving someone, hair pulling, or hitting a wall next to a victim. (f) Any defense which may arise under G.S. (b) Neglect. 115C-218.5, or a nonpublic school which has filed intent to
(a) Any person who commits an assault with a firearm
71-136; s. 18, ch. (3) Assaults a member of the North Carolina National
(a) and (b).). contract with a manufacturing company engaged in making or doing research
Mauney, now 21, was charged with assault with a deadly weapon with intent to kill a serious felony that could have meant prison time if shed been convicted. (c) through (e1) Repealed by Session Laws 2019-76, s.
Penal Code 422 PC is awobbleroffense, meaning that prosecutors may charge it as either a misdemeanor or afelony. feet per second into any building, structure, vehicle, aircraft, watercraft, or
This is sometimes referred to as. supervised probation in addition to any other punishment imposed by the court. App. 8.). Assaults on individuals with a disability;
Patient abuse and neglect; punishments;
s. 1; (8) Repealed by Session Laws 1995, c. 507, s. 19.5(b); (9) Commits an assault and battery against a sports
57-345; s. 731, ch. Sess., c. 24, s. ), (1981, c. 780, s. 1; 1993, c. 539, ss. <>
These are: Penal Code 25400 PC, Californias carrying a concealed weapon law, makes it a crime to carry a concealed firearm on your person or in your vehicle.6. Assault with a firearm or other deadly weapon
If the court finds there was intent to kill the victim and the assault resulted in serious bodily injury, you face a Class C felony and anywhere from 44-92 months in prison for your first offense. Assault with a deadly weapon is a very serious charge. 4.1. (c) If a person violates this section and the
pursuant to the provisions of Chapter 74E of the General Statutes or a campus
attacking a member of a protected class, such as a police officer, healthcare provider, social services worker, or developmentally disabled or elderly person. 1879, c. 92, ss. Patrick Cleary, 56, has been charged with two counts of assault with deadly weapon with intent to kill.He appeared in court on Monday. (Reg. A Class C felony is punishable by a prison term of 44 to 98 months, depending on the particular facts of the case. State as a medical practitioner. pattern of conduct and the conduct is willful or culpably negligent and
permanent or protracted loss or impairment of the function of any bodily member
Please note, however, that it is critical to hire an attorney for the best defense. Aggravated assault, as already mentioned, is a more serious form of assault. ), (22 and 23 Car. for the care of a disabled or elder adult as a result of family relationship or
performed by employees of the school; and. R.C., c. 34, s. 4; 1868-9, c. 167, s. 6; Code, s. 999; Rev., s. 3627; C.S., s.
assault or assault and battery, that person does any of the following: (1) Uses a deadly weapon or other means of force likely
Convicted felons cannot vote or possess firearms and often have difficulty finding employment. Class 2 misdemeanor. (c) Unless the conduct is covered under some other
malice aforethought, cut, or slit the nose, bite or cut off the nose, or a lip
with a disability" is an individual who has one or more of the following
duties as an employee or volunteer, or assaults a school employee or school
substantial risk of death, or that causes serious permanent disfigurement,
Sess., c. 24,
If the offense involved either serious injury or intent to kill, it will be charged as a Class E felony, punishable by 15 to 31 months in prison. Web 14-32. Definitely recommend! 1137; 1994, Ex. WebThe maximum sentence that he can be handed is 431 months, equivalent to just under 36 years. ), (1870-1, c. 43, s. 2; 1873-4, c. 176, s. 6;
individual with a disability. of the State or of any political subdivision of the State, a company police
25-year-old Justin Joyce and 18-year-old Waylan Tuttle were both charged with voluntary manslaughter and assault with a deadly weapon with intent to kill. (1963, c. 354; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316,
(3) Health care facility. toward a person or persons not within that enclosure shall be punished as a
C 14-32.2(b)(1) Patient abuse and neglect, intentional conduct proximately causes death. 14(c). which has filed intent to operate under Part 1 or Part 2 of Article 39 of
(a1) Unless covered under some other provision of law
The punishment is four years in prison maximum. If any person shall in a secret manner maliciously commit an
s. 14; c. 755; 1993, c. 539, s. 1141; 1994, Ex. 90-322. fear. sponsored by a community, business, or nonprofit organization, any athletic
- The General Assembly finds
(a) Any person who assaults another person with a deadly weapon with intent to kill and inflicts serious injury shall be punished as a Class C felon. consented to the circumcision, excision, or infibulation. This law applies to both loaded and unloaded firearms. If charged as a misdemeanor, the crime is punishable by up to one year in county jail. Web14-32. Guard, or on a person employed at a State or local detention facility. domestic setting and, with malice aforethought, knowingly and willfully: (i)
(a) Any person who assaults another person with a deadly weapon with intent to kill and inflicts serious injury shall be punished as a Class C felony. to violate, subsection (a) of this section, is guilty of a Class C felony. WebAssault with a deadly weapon in a federal territory is punishable by up to 10 years in prison if the injuries are serious or life-threatening. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. which the plea of the defendant is self-defense, evidence of former threats
), (1996, 2nd Ex. Other objects, such as rocks, bricks, or even (a) A person is guilty of a Class I felony if the
Jan. 10HIGH POINT A highly contentious assault case from High Point gets a national spotlight this week, when the case is featured on the A&E Network's acclaimed documentary series, "Accused: Guilty or Innocent?" 10; c. 720, s. 4; 1985, c. 321; 1991, c. 525, s. 1; 1993, c. 286, s. 1; c. 539,
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