The Office of the Revisor of Statutes states that those facing felony charges over fifth-degree assault may face a $10,000 fine and up to five years behind bars. 0000005422 00000 n
When it comes to a child being tried in juvenile court if your child is truly innocent, then you will always want to work for that not guilty verdict. Calendar, General Orders of the A 5th degree assault charge in Minnesota is a misdemeanor offense that is punishable by up to 90 days in jail and a fine up to $1,000. I was pleased with Judith Samsons work ethic..She worked from start to finish on my case, she explained in detail what was happining. of Natural Resources employees, Complex criminal defense situations usually require a lawyer, Defense attorneys can help protect your rights, A lawyer can seek to reduce or eliminate criminal penalties. Day, Combined Session Daily, Senate Media I hired Ms. Samson and she handled my case quickly, professionally, and the price was right! Upcoming Meetings, Broadcast TV For example: Assault (e.g., hitting or pushing with intent to cause harm or fear); Disorderly Conduct (e.g. If you have been wrongfully accused of this offense, it is vital to closely assess theins and outs of your situation. A person who possesses a pistol in violation of this paragraph is guilty of a gross misdemeanor. du/F@75fx?EsAs\wjZ7L|nsQ
viyL2$"6zG%+U{oeJ>5>FE#c;: m-ILShz w"iKdvzD :q}i8<8.5# @9(8;lQ&H7U_xP_;s;vt9pN*[ For instance, Minnesota's assault laws cover both assaults (threats, placing victims in fear) and traditional battery offenses that include making unwanted physical contact. (2) intentionally inflicts or attempts to inflict bodily harm upon another. 1.3 study consideration of juvenile court records; modifying disqualification periods; 1.4 allowing a set aside for a disqualification based on conduct or convictions in an 1.5 individual's juvenile record; amending Minnesota Statutes 2022, . If you need an attorney, find one right now. Made key points and cut out all the middle stuff and had a clear plan. The following are oral arguments offered in court in support of a person's request to have their Minnesota criminal record for assault expunged, pursuant to Minnesota Statute 609A.03, which authorizes courts to expunge the record of a conviction by using their inherent authority over . Assault in the fifth degree can become a felony charge, potentially leading to up to $10,000 . A person who possesses a pistol in violation of this paragraph is guilty of a gross misdemeanor. Commission (LCC), Legislative-Citizen Commission %PDF-1.6
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The current offense is an Assault 2. nd. "5th degree assaults can be troubling because it doesn't require physical contact for a conviction. Archive, Session Laws endstream
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Misdemeanor assault charges could become gross misdemeanors when either of the following factors are involved: Fortunately, Minnesota criminal law isnt only about punishment. No parent wants their child to serve time in prison or a juvenile facility, but alternative punishments such as community service might be useful in putting them on the right path. To be found guilty of assault in the fifth degree, the person must: (1) commit an act with intent to cause fear in another of immediate bodily harm or death or; (2) intentionally inflict or attempted to inflict bodily harm upon another. of the Senate, Senate Mandatory minimum vs. the Grid time. Commission on Pensions & Retirement (LCPR), Lessard-Sams Outdoor Heritage However, just because juvenile court can hand out these alternate punishments doesnt mean they will. History: 1979 c 258 s 7; 1983 c 169 s 2; 1985 c 159 s 1; 1987 c 329 s 7; 1992 c 537 s 1,2; 1992 c 571 art 6 s 13; 1993 c 326 art 2 s 11,12; 1Sp1993 c 5 s 2,3; 1994 c 636 art 3 s 10; 1995 c 229 art 2 s 1; 1995 c 259 art 3 s 13,14; 1996 c 408 art 3 s 21,22; 2000 c 437 s 6,7; 1Sp2001 c 8 art 10 s 8,9; 2006 c 260 art 1 s 16,17; 2011 c 28 s 8. %PDF-1.5
xZn};I@/ k)ZFEU~(KU([DXjHvuO5;;=}q3|7MSYWp4Z2f}?>7%W8&j.w\\Js@{ |-J#d08f`W0@= Research, Public In Minneapolis, and throughout the state of Minnesota, it is important to familiarize yourself with the potential penalties associated with fifth-degree assault if you are facing these allegations. You can explore additional available newsletters here. List, Bill The following table outlines the rape and sexual assault laws in Minnesota. 0000003850 00000 n
If you're accused of violating Minnesota's assault laws, then you could be dealing with severe ramifications including incarceration and costly fines. 0000012020 00000 n
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We invite you to contact us and welcome your calls, letters and electronic mail. Acrobat Distiller 8.1.0 (Windows) 3. Judith handled my legal issues with care and professionalism. Created byFindLaw's team of legal writers and editors 3, 14-1 5. Her honest, strong work ethic stands Judy is a professional lawyer that helps through your case beginning to end. 0000002667 00000 n
| Last updated September 18, 2018. hb```UB ab@1:wY/y=+kqd&g50g Overview of Criminal Sexual Conduct Crimes Your email address will not be published. Search, Browse Law You should consult an attorney for advice regarding your individual situation. Register, Minnesota These assaults range from a common bar fight to committing great bodily harm. Journal, Senate by Connor | Apr 14, 2017 | Violent Crimes | 0 comments. 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 Directory, Legislative If you are charged with fifth-degree assault, your right to own a pistol may be taken away. Assault is an incredibly common crime in Minnesota with there being over 35,000 charged cases of assault or aggravated assault occurring in both 2014 and 2015. (b) Whoever violates the provisions of subdivision 1 within three years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both. If your child has found themselves facing serious juvenile assault charges, contact us today and let Judith Samson help you. Contact my Minneapolis law office to have a knowledgeable criminal defense attorney on your side. (b) Except as otherwise provided in section 609.2242, subdivision 3, paragraph (c), a person is not entitled to possess a pistol if the person has been convicted after August 1, 1992, of assault in the fifth degree if the offense was committed within three years of a previous conviction under sections 609.221 to 609.224, unless three years have elapsed from the date of conviction and, during that time, the person has not been convicted of any other violation of section 609.224. 1 0 obj
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Topic (Index), Rules Minnesota Statutes: Section 609.02 (Simple Assault); Section 609.224 (Fifth Degree Assault); Section 609.2231(Fourth Degree Assault); Section 609.223(Third Degree Assault); Section 609.222 (Second Degree Assault); Section 609.221(First Degree Assault); Assault Charges Fifth Degree: Intent to cause fear of bodily injury or death, or (2) intentionally inflicts or attempts to inflict bodily harm upon another. Statutes. Rule Status, State xref
Clerk, Fiscal Please try again. Furthermore, whereas adults with charges of assault will often have the ability to explain what happened, those charged with juvenile assault are often not allowed to have their side of the story heard by the courts. (b) Except as otherwise provided in section 609.2242, subdivision 3, paragraph (c), a person is not entitled to possess a pistol if the person has been convicted after August 1, 1992, of assault in the fifth degree if the offense was committed within three years of a previous conviction under sections 609.221 to 609.224, unless three years have . 2010-08-24T15:35:35-05:00 Analysis, House 1(b) (precluding Discuss your assault charges with a defense attorney right away to explore the possibility of reducing or dismissing the charges. Fifth degree assault can be upgraded to gross misdemeanor or felony if the actor commits a second assault against the same victim. Guide, Address Information, Caucuses - Labels, Joint Departments, Domestic Assault Any act done with the intent to cause fear in another of immediate bodily harm or death or with the intentional infliction of or attempted infliction of bodily harm upon another person is considered an assault. Offices, and Commissions, Legislative Fiscal Analysis, Legislative When might an altercation lead to aggravated assault charges? Aggravating assault factors that enhance the degree of an assault charge include: These aggravating factors will raise the degree of an assault charge and will also come with more serious punishments. Auditor, Revisor As law enforcement often only puts minimal effort into gathering witness statements, if they even exist, and gathering evidence at the scene, often judgements are made based on victim statements. Meetings, Standing A second or third-degree DWI charge may include one year in prison and a $3,000 fine. 0000001558 00000 n
Charged with first-degree assault, Noah, now 18-years-old, has . and Legislative Business, House (a) Whoever violates the provisions of subdivision 1 against the same victim within ten years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both. (a) When a person is convicted of a violation of this section or section 609.221, 609.222, or 609.223, the court shall determine and make written findings on the record as to whether: (1) the defendant owns or possesses a firearm; and. Hennepin County Carver County Wright County Scott County Dakota County Anoka County Washington County Ramsey County. Archive, Minnesota Like in adult court, assault is looked upon very seriously in juvenile court. The minor would have to go through an evaluation to determine that though. Dusek Law represents clients in both North Dakota and Minnesota. Review, Minnesota Issues As juveniles who commit assault have an extremely high rate of committing another crime, often juvenile judges will feel that they need to bring the hammer down hard in order to prevent it. endobj
Second- and Third-Degree DWI. 4. 0000111585 00000 n
2010-08-24T15:35:35-05:00 In Minnesota, the penalties for fifth-degree assault vary, depending on the details of the case. Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means.
Subd. Required fields are marked *. For representation please call (612) 339-5073. Laws Changed (Table 1), Statutes Laws, Statutes, Minnesota lawmakers have determined that domestic abuse is a unique issue with many significant social consequences. Subd. Who Represents 2.23 under 609.224 (assault in the fifth degree); . This site is protected by reCAPTCHA and the Google, There is a newer version I was expecting at least a few grand and it was like Judith is the gold standard for what a defense lawyer should be. The Hennepin County Attorney's Office on Tuesday charged Kevin D. York, 23, of St. Paul, and Keaten J. Morris, 19, of Minneapolis with one count of 1st-degree aggravated robbery and one count of . Minnesota Statute 609.2231. What That Means for You, Whether or not the assault victim was a person of authority. In Minnesota, sexual assault is usually a felony or a gross misdemeanor charge. When it comes to assault cases, there are a number of legal issues that may arise. Minnesota Statute 609.224(4)(a) and Minnesota Statute 609.224(4)(b) establish that an assault in the fifth degree is a felony if it is committed within three years of the first of two or more domestic-violence related convictions, or within ten years of two or more domestic violence-related convictions against the same victim. Her rates are very reasonable as well. 2 0 obj
Assault with a dangerous weapon carries a prison term of up to seven years. You're all set! Minnesota law classifies the crime of criminal sexual conduct into five categories: first- through fifth-degree criminal sexual conduct, with first-degree carrying the most severe penalties and fifth-degree the least. 0000001920 00000 n
Business, Senate From my first contact with Judith until all was completed she was there to answer any of my questions or address my concerns. Believe it or not, the answer is no. Specific communities can include Fargo, East Grand Forks, Williston, Devils Lake, Dickinson, Bismarck, Jamestown, Thief River Falls, Roseau, Moorhead, Grafton, Detroit Lakes, East Grand Forks County, Williams County, Ward County, Polk County, Cass County, Clay County, Norman County, Pennington County and Kittson County. Fourth-degree assault occurs when someone assaults another person due to bias, or if they assault a peace officer (such as an emergency room doctor or a firefighter). Please do not send any confidential information to us until such time as an attorney-client relationship has been established. on MN Resources (LCCMR), Legislative This usually involves a fist fight, where someone is slapped or bruising occurs. To avoid probation entirely, one can always demand execution of their sentence, but this usually involves long periods of jail or prison time. Whoever does any of the following commits an assault and is guilty of a misdemeanor: (1) commits an act with intent to cause fear in another of immediate bodily harm or death; or. Spreadsheet, Minnesota 0000198939 00000 n
Save my name, email, and website in this browser for the next time I comment. Library, House 0000198025 00000 n
The Office of the Revisor of Statutes states that those facing felony charges over fifth-degree assaultmay face a $10,000 fine and up to five years behind bars. 0000112284 00000 n
Criminal Justice Property rights may not be abated but access may be restricted by the courts. Using deadly force against a police officer or correctional employee. Her work ethic is beyond measurable and is very evident in court. . History Guide, Legislators Past & However, those facing misdemeanor charges face a maximum fine of $3,000 and one year in prison. Charges state Travis Smith Schmitz, 34, of Adams, Minnesota, slapped the child's eye/temple area on Feb. 4, leaving a noticeable mark. Remember that no matter what degree of charge you face, you need to have a lawyer who will take the time to understand your situation completely. 0000004374 00000 n
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*JjzDs"CN She read through all the information on both sides very carefully and found the things that would matter. (a) Whoever violates the provisions of subdivision 1 against the same victim within ten years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both. Address: 310 4th Ave S, Suite 1050, Minneapolis, MN 55415, Copyright 2023 Judith Samson, Attorney at Law, Judith A. Samson, Minneapolis Criminal Attorney, provides aggressive criminal defense services to clients in the Twin Cities and Western Suburbs of Minneapolis and St. Paul, such as Chaska, Hopkins, Plymouth, Minnetonka, St. Louis Park, Chanhassen, Wayzata, Shakopee, Maple Grove, Edina, Eden Prairie, Columbia Heights, Crystal, Golden Valley, Richfield, St. Paul, Bloomington, Shorewood, Edina, Brooklyn Center, and Excelsior, Roseville, Minnesota. Many Minnesota attorneys offer free consultations. Schedule, Legislative 3 0 obj
Judy is one of a kind. Our office is located in downtown Minneapolis in the Flour Exchange Building. Me? Committees, Joint Committees Minnesota has five degrees of assault. A defendant previously convicted of domestic violence commits fifth-degree assault against the same victim within 10 years of the prior conviction. I would recommend her for any case as she is very effective at getting your case handled. To meet your needs, I provide 24 hour service, off-site appointments, and a free initial consultation. Contact us. Minnesota Statutes 2022, section 245C.08, subdivision 4, is amended to read: 1.4 Subd. Degree w/ a firearm - severity level 6. 0000000016 00000 n
Whoever does any of the following commits an assault and is guilty of a misdemeanor: (1) commits an act with intent to cause fear in another of immediate bodily harm or death; or (2) intentionally inflicts or attempts to inflict bodily harm upon another. In Minnesota, a simple assault is a misdemeanor that occurs with the intentional infliction, or attempted infliction, of injury, or by any act committed with the intent to cause fear of imminent injury or death. Tracking Sheets, Hot The Minnesota Statutes state a charge of fifth-degree assault can be brought for the following: Attempting to make another person afraid of imminent death or grievous injury. The maximum penalty becomes 10 years, and the fine increases to a maximum of $20,000 if the attacker inflicted substantial bodily harm to the victim with a dangerous weapon. Guides, Books 0000111324 00000 n
Schedule, Audio Sign up for our free summaries and get the latest delivered directly to you. application/pdf She will tell you. %PDF-1.4
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Counsel, Research & Fiscal Analysis, Senate Juvenile assault charges differ very little from their adult counter parts. As far as consequences, there is a wide variety of outcomes that could happen based on the specific facts of the alleged assault. (b) Except as otherwise provided in section 609.2242, subdivision 3, paragraph (c), a person is not entitled to possess a pistol if the person has been convicted after August 1, 1992, of assault in the fifth degree if the offense was committed within three years of a previous conviction under sections 609.221 to 609.224, unless three years have elapsed from the date of conviction and, during that time, the person has not been convicted of any other violation of this section. Gross misdemeanors carry possible penalties such as either or both of up to a $3,000 fine and up to a year in prison. %%EOF
After all, a child are often punished lighter than an adult, but is that true when it comes to juvenile assault charges in Minnesota? If you need an attorney, find one right now. uuid:3daaf91a-0dec-4271-a5e3-dcb1e0d220ce Members. I was arrested for visiting an escort, facing solicitation/prostitution charges. Video, Broadcast TV, News, & Photos, Live HWko_Hr$B!) See the chart below for a summary of Minnesota's assault laws. Minnesota Criminal Defense Lawyer Lynne Torgerson a lawyer of excellence of 30 years. 0000198845 00000 n
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Confidential or time-sensitive information should not be sent through this form. She reassured me throughout Judith responded right away as I reached out to her. If you are facing criminal charges and have questions about probation, contact one of our defense attorneys today at 763.421.6366 for your free consultation. Comparisons, Bill This could happen if the defendant has at least two previous convictions for domestic violence and is alleged to have committed fifth-degree assault on anyone within three years, or on the same person within 10 years of the most recent conviction. David D. Dusek, Premier DUI Attorney, Advanced Level Training on Winning DUI Cases Using Finger Dexterity, North Dakota accused of firing shots at residence, Attempting to make another person afraid of imminent death or grievous injury. Present, Legislative However, if they are guilty, it might be better to present evidence in such a way that it results in a lesser punishment rather than no punishment at all. 0
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Get tailored advice and ask your legal questions. You may be charged with misdemeanor 5 th degree assault and face up to 90 days in jail and fines if you commit an act with intent to cause fear of bodily harm or death or if you intentionally inflict or attempt to inflict bodily harm on another. She led you through the process and guided you through the system with ease. 0000008684 00000 n
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Scott County, Carver County, Chaska, Savage, Prior Lake - - Disclaimer, How Juvenile Assault Differs From Adult Charges, Are You Facing Minneapolis Assault Charges? Charges may also be elevated to gross misdemeanors, a level less severe than felonies but more serious than simple misdemeanors. )0E\MhjE She was always easy to get a hold, we were consistently on the same From the moment Judy became my attorney she has been always there to answer any questions or concerns whether I call her office or personally. Assaulting a minor and the perpetrator has engaged in a, Certain Dept. Subdivision 1. Note: State laws change constantly. Currently, judges are unable to seal those records, but a new law that goes into effect Jan. 1, 2015, will change that. Seriously injuring someone intentionally. Browser for the next time I comment seven years appointments, and a $ 3,000 and... Led you through the process and guided you through the process and guided you through the process and you! What that Means for you, Whether or not the assault victim was a person who possesses a in... Individual situation 0000002063 00000 n Charged with first-degree assault, Noah, now 18-years-old, has latest., there is a professional juvenile 5th degree assault mn that helps through your case beginning to.... /? gr @ g > f! OV~ * your needs, I provide 24 hour,... 3,000 fine and up to a year in prison hb `` ` PVIn! 10p ` b @... Is looked upon very seriously in juvenile 5th degree assault mn court the perpetrator has engaged in a, Certain Dept the... Felony charge, potentially leading to up to a $ 3,000 and one year in prison her honest, work... Free initial consultation | Apr 14, 2017 | Violent Crimes | 0 comments as consequences there! Is an assault 2. nd beyond measurable and is very evident in court Judith responded away... 14-1 5 both of up to a year in prison comes to assault cases, there a! Consult an attorney, find one right now fine and up to $ 10,000 of. | Violent Crimes | 0 comments fight, where someone is slapped bruising... @ @ nB~23 3 0 obj Judy is one of a gross misdemeanor assaults range from a common fight... The penalties for fifth-degree assault against the same victim within 10 years of prior. Rights may not be abated but access may be restricted by the.! In this browser for the next time I comment byFindLaw 's team of issues... Has engaged in a, Certain Dept assault is looked upon very seriously in juvenile court very effective getting... Below for a summary of Minnesota 's assault laws in Minnesota, the penalties for assault. ; t require physical contact for a conviction advice and ask your legal questions service, off-site appointments, a! One right now browser for the next time I comment State xref Clerk, Fiscal Please again... Is usually a felony charge, potentially leading to up to seven years, State xref,... 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Ask your legal questions not the assault victim was a person who possesses a pistol in of... Laws in Minnesota, the penalties for fifth-degree assault vary, depending on the specific facts of the Senate Senate., and website in this browser for the next time I comment delivered to... In juvenile court made key points and cut out all the middle stuff and juvenile 5th degree assault mn. Based on the details of the case subdivision 4, is amended read... Fist fight, where someone is slapped or bruising occurs Minnesota Statutes 2022, section 245C.08, subdivision,... Outs of your situation as either or both of up to a $ 3,000 fine and up to year. Quot ; 5th degree assaults can be upgraded to gross misdemeanors carry possible penalties such as either or of! 2 0 obj Judy is a wide variety of outcomes that could happen based on the details of Senate! A free initial consultation a dangerous weapon carries a prison term of to. An evaluation to determine that though County Carver County Wright County Scott County Dakota County Anoka County Washington Ramsey... Your case beginning to end that could happen based on the specific facts of the Senate, Senate minimum. Chart below for a conviction Past & However, those facing misdemeanor charges face a maximum fine of 3,000... A wide variety of outcomes that could happen based on the details of the alleged assault chart for... Is a wide variety of outcomes that could happen based on the specific facts the. What that Means for you, Whether or not the assault victim was a person of.... Simple misdemeanors getting your case handled common bar fight to committing great bodily harm upon another away as reached... Physical contact for a summary of Minnesota 's assault laws details of the prior conviction Minneapolis the. Or correctional employee clients in both North Dakota and Minnesota Minneapolis in the fifth can! 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Meetings, Standing a second or third-degree DWI charge may include one year in prison and a free initial.. ( 2 ) intentionally inflicts or attempts to inflict juvenile 5th degree assault mn harm and is very at... And Minnesota domestic violence commits fifth-degree assault against the same victim to a! Restricted by the courts lawyer Lynne Torgerson a lawyer of excellence of 30.! Very seriously in juvenile court looked upon very seriously in juvenile court may also be elevated to gross.. Live HWko_Hr $ b! may be restricted by the courts 30 years through case. Our office is located in downtown Minneapolis in the fifth degree can become a or. Judith Samson help you 3,000 and one year in prison your legal questions the system ease! Pdf-1.4 % Counsel, Research & Fiscal Analysis, Senate Mandatory minimum vs. the Grid time an escort, solicitation/prostitution... My name, email, and website in this browser for the next time I comment $ 10,000 Anoka Washington... Consequences, there is a wide variety of outcomes that could happen based on details. 0 0000197758 00000 n 2010-08-24T15:35:35-05:00 in Minnesota very effective at getting your case handled has engaged a. Fifth degree ) ; stuff and had a clear plan and Minnesota simple misdemeanors or..., contact us today and let Judith Samson help you wrongfully accused of this is. Advice and ask your legal questions ) intentionally inflicts or attempts to bodily... For advice regarding your individual situation @ nB~23 become a felony or a gross misdemeanor or felony if the commits... Felonies but more serious than simple misdemeanors to gross misdemeanor or felony if the actor commits a second third-degree... 5Th degree assaults can be troubling because it doesn & # x27 t! She led you through the system with ease Charged with first-degree assault Noah! 'S team of legal issues that may arise measurable and is very effective at getting your case handled %... Minor and the perpetrator has engaged in a, Certain Dept to up to a year in prison a... Below for a conviction These assaults range from a common bar fight to committing great bodily.! For advice regarding your individual situation third-degree DWI charge may include one year in prison and a 3,000. Minnesota These assaults range from a common bar fight to committing great bodily upon! Rights may not be abated but access may be restricted by the.... 2 ) intentionally inflicts or attempts to inflict bodily harm level less severe than felonies but more than... An evaluation to determine that though I provide 24 hour service, off-site appointments, website! Commission ( LCC ), Legislative Fiscal Analysis, Senate by Connor | 14...
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