va code shooting into occupied vehicle

Immigration & Nationality Act (INA) 237, 8 U.S.C. ; person: includes a corporation as well as a natural person.See Alabama Code 1-1-1; state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States.See Alabama Code 1-1-1 in serious bodily injury to any person, the person is guilty of a Class C Shortly before 6 a.m., Virginia State Police and Bland County. 2006 Alabama Code - Section 13A-11-61 Discharging firearm, etc., into occupied or unoccupied building, etc., prohibited; penalty. This would include firing it in the air outside your suburban home or at a party. Shooting, or throwing anything at, a vehicle is a serious felony offense. The latest viral social media trend is gaining traction on TikTok and has police across the U.S. warning their communities of the potential dangers. You may be convicted under this statute if you fired a weapon at people standing outside an occupied dwelling. In the event ofthe death of any such person, resulting from such malicious shooting orthrowing, the person so offending is guilty of murder in the second degree.However, if the homicide is willful, deliberate and premeditated, he isguilty of murder in the first degree. But in other posts, people share videos of themselves shooting others with a gun filled with Orbeez balls. Elements Of The Crime The Prosecutor Must Prove For A Conviction To be convicted under Penal Code 245(a)(2), the prosecution must prove beyond, Read More 11 Things You Should Know About Assault With A FirearmContinue, In California, as in all other states, convicted felons are not permitted to own or possess firearms. ]), Same. ", Police in Fernandina Beach said in their post that shooting Orbeez balls "could cause injury if striking a person at a high speed or in a sensitive area such as the eyes. 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This sectioncovers the act of shooting atinhabitedhouses (or other residences), house cars and campers. (b)Motor vehicle does not include a self-propelled wheelchair, motorized tricycle, or motorized quadricycle, if operated by a person who, by reason of physical disability, is otherwise unable to move about as a pedestrian. As a misdemeanor, you face up to one year in county jail and/or a fine up to $1000. You can also be charged with a misdemeanor for firing a BB or pellet gun if it was done so willfully and in a grossly negligent manner. 2003). If theres evidence you didnt intend to shoot the weapon, an experienced criminal defense attorney may be able to successfully argue for dismissal of your charge. On the Orbeez website, the manufacturer is advertising a new playset product based off the Orbeez Challenge on TikTok it seems unaware of the negative turn the viral trend has taken. 18.2-308.7 Possession or Transportation of Certain Firearms by Persons Under the Age of Eighteen, 18.2-308.8 Importation, Sale, Possession or Transfer of Striker 12's, 52-25.1 Reporting of Confiscated Firearms, 54.1-4200 Dealers in Firearms, Definitions, 54.1-4201.1 Notification by Sponsor of Firearms Show to State Police and Local Law Enforcement, 15.2-1209.1 Counties may regulate carrying of loaded firearms on public highways, 15.2-915.2 Regulation of transportation of a loaded rifle or shotgun, 15.2-915.3 Requiring fingerprinting for concealed handgun permit. Definition Of Carrying An Unloaded Firearm In Public The elements of openly carrying an unloaded firearm are: You carried a handgun That was unloaded, Read More Openly Carrying An Unloaded Firearm Under California Penal Code 26350Continue, Assault with a firearmis a serious offense under California law that can result in substantialstate prisontime and astrike on your criminal record. Another set of statutes criminalizing discharge of a weapon address shooting out of or into a vehicle. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. A criminal record can affect job, immigration, licensing and even housing opportunities. Suite 200 Police may have you tested withGSRor gunshot residue analysis to determine if you did fire a weapon, though this does not necessarily mean that you fired it at either an inhabited dwelling or occupied structure or car. 1227 Deportable aliens. Joint Administrative Procedures Committee (JAPC), Joint Committee on Public Counsel Oversight(JCPO), Joint Legislative Auditing Committee (JLAC), Joint Legislative Budget Commission (JLBC), Joint Select Committee on Collective Bargaining (JSCB), Office of Program Policy Analysis & Government Accountability (OPPAGA), Florida Legislative Committee on Intergovernmental Relations (LCIR), Joint Legislative Committee on Everglades Oversight (JCEO), Joint Legislative Sunset Committee (JCSC), Copyright 1995-2023 The Florida Legislature . In other words, California law punishes throwing potentially harmful objects at motor vehicles as seriously as it takes shooting guns at occupied vehicles. The driver's glasses and neck were hit. Save my name, email, and website in this browser for the next time I comment. The statutes related to discharging a firearm include some specific exemptions. It ceases to be a dwelling if the occupants show evidence that they did not intend to return to the dwelling at any time. If any such act is committed unlawfully, but not maliciously, the person sooffending is guilty of a Class 6 felony and, in the event of the death of anysuch person, resulting from such unlawful act, the person so offending isguilty of involuntary manslaughter. Sess., c. 24, s. 14(c); This can be easily met when the defendant discharges a firearm into inhabited dwelling or occupied building or motor vehicle with the intent to kill someone. There has to be some degree of danger to someone when you purposely fired the weapon. At an inhabited dwelling means that you shot the firearm directly at the dwelling or close enough to it so that the risk of someone being injured was high. Police learned Amos-Dixon fired several times into the vehicle that Chung and her child occupied as they tried to leave. Its also a Class 4 felony to shoot a gun on any public property within 1,000 feet of a public, private, or religious school. PC 246 shooting at an occupied building or car is afelony in California.3. If you have been arrested and would like tolearn more about howattorneys charge. The pellets broke the skin and left red welts. See also Penal Code 672 PC Offenses for which no fine prescribed; fine authorized in addition to imprisonment, endnote 5, above. Shooting or Throwing Missiles at Vehicle: Va. Code 18.2-154 Vehicle Code 23110 throwing objects at a motor vehicle, Penal Code 245(a)(2) assault with a firearm, Californias 10-20-life use a gun and youre done law, Penal Code 186.22 PC gang sentencing enhancement, Californias sentencing enhancement for personal use of a gun in the commission of a felony, serious felony under Californias Three Strikes law, Penal Code 246.3 PC negligent discharge of a firearm, Californias felon with a firearm law, Penal Code 29800 PC, Californias drive-by shooting law, Penal Code 26100 PC, Californias law against throwing things at motor vehicles, Vehicle Code 23110 VC, Nevada laws on firing guns into structures or vehicles., Judicial Council of California Criminal Jury Instruction (CALCRIM) 965, People v. Overman (2005) 126 Cal.App.4th 1344, People v. Stepney (1981) 120 Cal.App.3d 1016, People v. Jischke (1996) 51 Cal.App.4th 552, the Los Angeles County District Attorneys office, A man drives with his gun to his ex-wifes house and, In a fit of road rage, a woman who has just been cut off by another car, A woman sees her car being stolen in an act of, Six (6) months to one (1) year in county jail; or. 18.2-154. Box 111112 W. Main StreetOrange, VA 22960. A fine of up to ten thousand dollars ($10,000). Willfully discharging firearms in public places. LYNCHBURG, Va. (WDBJ) - More charges have been brought forward after a malicious wounding case at the Timbers Apartments along Old Forest Road Wednesday night. (1969, c. 341; c. 869, s. In the event of the death of any such person, resulting from such malicious shooting or throwing, the person so offending is guilty of murder in the second degree. You face life in prison with the possibility of parole and a fine of up to $10,000. A man and woman who were victims have since been treated and released. Overview Of Penal Code 21510 PC PC 21510 makes it clear that it is illegal to possess or carry a, Read More 8 Must-Know Legal Facts About Carrying A SwitchbladeContinue, What is important to understand with laws regarding negligent dishcharge of a firearm is firing a gun in celebration, to show off or to demonstrate how the gun operates can be a criminal offense under California Penal Code 246.31, which punishes anyone who negligently discharges a firearm, BB or pellet gun2. Specifically, if you: then you will face an additional and consecutive sentence of twenty-five (25) years to life in state prison.23. per second into any building, structure, vehicle, aircraft, watercraft, or If convicted of this offense, you may face one of the following sentence: Six (6) months to one (1) year in county jail; or; Three (3), five (5) or seven (7) years in California state prison. They will be familiar with the most common legal defenses and plea bargain strategies for defendants accused of firing at an occupied dwelling or vehicle. ; penalty. Volusia County Sheriff's Office, Fla., Twitter page Code, 415(a) A motor vehicle is a vehicle that is self-propelled. 102], People v. Jischke (1996) 51 Cal.App.4th 552, 556 [59 Cal.Rptr.2d 269], People v. Ramirez (2009) 45 Cal.4th 980, 990 [89 Cal.Rptr.3d 586, 201 P.3d 466], People v. Jones (2002) 103 Cal.App.4th1139 [127 Cal.Rptr.2d 319]. . (a) No person shall shoot or discharge a firearm, explosive or other weapon which discharges a dangerous projectile into any occupied or unoccupied dwelling or building or railroad locomotive or railroad car, aircraft, automobile, truck or watercraft in this state. This form is encrypted and protected by attorney-client confidentiality. Like the viral challenges before it, police say people are getting hurt from the innocuous-sounding Orbeez Challenge. 18.2-56.1 Reckless Handling of Firearm Generally, 18.2-279 Shooting at Occupied Building/at or Within School, 18.2-280 Shooting in Public, Within 1000 Feet of School Property, 18.2-283 Carrying Weapon into Place of Religious Worship, 18.2-283.1 Carrying Weapon to Courthouse, 18.2-287.4 Carrying Loaded Firearms in Public Areas, 18.2-300 Possession or Use of Sawed-Off Shotgun or Rifle, 18.2-308.1 Possession of Weapon on School Property, 18.2-308.1:1 Possession or Transportation of a Firearm by Persons Acquitted by Reason of Insanity, 18.2-308.1:2 Purchase, Possession or Transportation of Firearm by Persons Adjudicated Legally Incompetent or Mentally Incapacitated, 18.2-308.1:3 Purchase, Possession or Transportation of Firearm by Persons Involuntarily Committed, 18.2-308.1:4 Purchase or Transportation of Firearm by Persons Subject to Protective Orders, 18.2-308.1:5 Purchase or Transportation of Firearm by Persons Convicted of Certain Drug Offenses, 18.2-308.2 Possession or Transportation of Firearms or Concealed Weapons by Convicted Felons, 18.2-308.2:01 Possession or transportation of certain firearms by certain persons, 18.2-308.2:1 Prohibiting the Selling of Firearms to Felons, 18.2-308.2:2 Criminal History Record Check Required for the Transfer of Firearms. In this section, we offer solutions for clearing up your prior record. Bristol Police Officer Johnathan Brown Charged with Murder LYNCHBURG, Va. (WDBJ) - More charges have been brought forward after a malicious wounding case at the Timbers Apartments along Old Forest Road Wednesday night. (1969, c. 341; c. 869, s. Depending on the details of the allegations, s/he may be able to help you fight the charges with one or more of the followinglegal defenses: In this article, our California criminal defense attorneys explain the following: If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group. 18.2-286.1. Shooting from vehicles so as to endanger - Virginia Shooting, or throwing anything at, a vehicle is a serious felony offense. See also Penal Code 18 PC Punishment for felony not otherwise prescribed; alternate sentence to county jail, endnote 43, above. Penal Code 29800 felon with a firearm, 4.6. [A (house/house car/camper) is not inhabited if the former residents have moved out and do not intend to return, even if some personal property remains inside. 1.). All that matters is that someone is currently using the structure as a residence.12. Virginia Code 18.2-154 contains an additional provision about shooting at a conspicuously marked police car, fire or rescue vehicle, ambulance, or any other emergency medical vehicle. Around 4 p.m. on October 19, 2022, officers. Discharging certain barreled weapons or a 2005-461, s. Criminal Defense Penal Code 246 PC - Shooting at an Inhabited Dwelling, Penal Code 246PCmakes it a crime to discharge a firearmat an. 3281, 1881; RS 2696; ss. Required fields are marked *. TikTok posts using #OrbeezChallenge show people playing with the small gel balls. ([A (house/house car/camper) is inhabited if someone uses it as a dwelling, whether or not someone is inside at the time of the alleged shooting.] As a result, it may be worth your while to try to get PC 246 charges reduced to PC 246.3 negligent discharge of a firearm chargesparticularly if the facts are not clear as to whether you were truly firing at a building or vehicle. Brown, of the Bristol, Va. Police Department, is charged with murder, the use of a firearm during the commission of a murder, and maliciously shooting into an occupied vehicle, according to a report by local NBC affiliate WCYB-TV. As aviolent firearm offense, a PC 246 conviction can also result in losing ones gun rights. Negligent Discharge Of A, Read More Understanding Negligent Discharge Of A Firearm Laws PC 246.3Continue, California law requires a valid permit to sell, transfer or lease any type of firearm. Code, 246), endnote 6, above. PC 664 addresses the sentence and penalties for an attempted crime. It shall be unlawful for any person to intentionally and unlawfully discharge a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, inhabited mobile home, inhabited travel trailer, or inhabited . Ms. Aizman is the founding attorney at Aizman Law Firm, an award winning criminal defense attorney & former prosecutor for the city of Los Angeles. Virginia Code 18.2-286.1 makes it a Class 5 felony for anyone inside of a motor vehicle to intentionally shoot a gun so that other people are put at risk of injury or death, or reasonably fear theyre at risk of injury or death. ([A firearm is any device designed to be used as a weapon, from which a projectile is discharged or expelled through a barrel by the force of an explosion or other form of combustion. why its important to have an attorney represent you, People v. Watie (2002) 100 Cal.App.4th866, 879 [124 Cal.Rptr.2d 258, People v. Stepney (1981) 120 Cal.App.3d 1016, 1021[175 Cal.Rptr. Instead, it can meaneither: Example: Warren drives to his old workplace andfires out of his passenger window at two coworkers, who are not hit. Example: One night Andrea begins vacuuming fairly late. Copyright 2023 Shouse Law Group, A.P.C. Code 1950, 18.1-68; 1960, c. 358; 1975, cc. [AND3. There are four mens rea elements in the Alabama Code: intentionally, knowingly, recklessly and with criminal negligence. Shooting at or throwing missiles, etc., at train, car, vessel, etc Californias drive-by shooting law, Penal Code 26100 PC, makes it a crime to discharge a firearmfroma motor vehicle.44. 7; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. If you shoot a firearm at an inhabited dwelling or occupied structure/vehicle for the benefit of, at the direction of, or in association with a criminal street gangwith the specific intent to promote, further or assist in the gangs criminal conductthen you may face an additional two (2), three (3), or four (4) years in prison.24, Luckily, though,Californias sentencing enhancement for personal use of a gun in the commission of a felonydoes not apply to firing at an inhabited dwelling or occupied motor vehiclebecause it only applies to offenses that dont necessarily involve the use of a gun.25, California Penal Code 246 is also considered aserious felony under Californias Three Strikes law, provided that you are convicted of this offense for personally firing a gun (as opposed toaiding and abettingsomeone else who did).26, So if you have a conviction on your record for this offense, and you are subsequently charged with any other California felony, you will facetwicethe normal sentence for that second offense underCalifornias Three Strikes law.27, And, if you accumulate three strike convictionsone or more of which may be a conviction for firing at an inhabited dwelling or occupied building/vehiclethen you will receive a sentence of twenty-five (25) years to life in state prison.28, A conviction for firing at an inhabited structure or occupied building or vehicle can lead to seriousimmigration consequencesfor defendants who are not U.S. citizens. This is served concurrently with any sentence you receive under PC 246 or any other gun crime.9. 23110 CVC - Throwing Objects or Substances at a Vehicle It is not uncommon for people to be falsely accused of firing a gun at a house or vehicle. According to the Volusia County sheriff, two people were hit by pellets fired from a van that took off after the shooting. Calabasas, CA 91302, 8 Must-Know Legal Facts About Carrying A Switchblade, Understanding Negligent Discharge Of A Firearm Laws PC 246.3, Laws On Unlicensed Sale Of Firearms In California, Openly Carrying An Unloaded Firearm Under California Penal Code 26350, 11 Things You Should Know About Assault With A Firearm. A preliminary investigation determined that the two incidents appeared to be related, according to police. Penal Code 246 - "Shooting at an Inhabited Dwelling or Occupied Vehicle", 246 PC - Shooting at an Inhabited Dwelling. Please complete the form below and we will contact you momentarily. They were so pleasant and knowledgeable when I contacted them. If you have been charged with a gun crime or weapons offense South Florida, contact the Fort Lauderdale Criminal Defense Lawyers at The Ansara Law Firm by calling (877) 277-3780. 14, 15; 1992, c. 738; 2005, c. 143. .). What is Californias Felon With A Firearm Law? ", Police in Peachtree City, Ga., shared images on Facebook of a boy who was hit by modified Orbeez balls while riding his bike. Discharging a Gun From or Into a Vehicle Chapter 790 WEAPONS AND FIREARMS View Entire Chapter 790.19 Shooting into or throwing deadly missiles into dwellings, public or private buildings, occupied or not occupied; vessels, aircraft, buses, railroad cars, streetcars, or other vehicles. Assault with a FirearmCaliforniaPenal Code 245(a)(2). Penal Code 246 PC makes it a crime to fire a firearm at an inhabited dwelling or occupied vehicle. Liam Griffin , Patch Staff Posted Fri, Apr 29, 2022 at 2:37 pm ET Application for a Concealed Handgun Permit, Selected State Laws Pertaining to Firearms. In cases where someone is alleged to have shot a firearm at an inhabited dwelling, occupied commercial building, or occupied vehicle, prosecutors may choose to charge the defendant with attempted murderif they have grounds for arguing that the defendant intended to kill a specific person who was in the building or vehicle. 2 Shootings Into Vehicles In Fairfax City May Be Related: Police State, 879 So. Shooting a gun in public generally is a felony crime in Virginia that upon conviction can mean spending years in prison and paying thousands of dollars in fines. Same. See 13A-2-2. - Manage notification subscriptions, save form progress and more. Should you intentionally discharge a firearm at an inhabited dwelling or at an occupied motor vehicle or building, then your conduct comes under PC 246, an offense commonly targeted at gang members. Markeem Devante Dance, 23, of Lynchburg, has been charged with Malicious Wounding (two counts), Use of a Firearm in the Commission of a Felony, Possess Firearm by a Convicted Felon, Shooting into an Occupied Vehicle, Reckless Handling of a Firearm, and Discharging a Firearm in the City of Lynchburg.. What Does it Mean to Shoot At An Inhabited Dwelling? Charged as a felony, it carries a state prison sentence of at least two (2) and as many as twelve (12) years, depending on the type of gun used.38, The legal definition ofattempted murderis taking at least one direct step toward killing another person, with the intent to kill him/her.39. Under Penal Code 246 PC, shooting at an inhabited dwelling or occupied vehicle is the crime where people discharge a firearm at an: CalCrim 965:To prove that the defendant is guilty of this crime, the People mustprove that:1. 4988, 1901; GS 3628; RGS 5560; CGL 7746; s. 1, ch. Should you intentionally discharge a firearm at an inhabited dwelling or at an occupied motor vehicle or building, then your conduct comes under PC 2461, an offense commonly targeted at gang members. Even though Chucks ex-girlfriend is currently in Hawaii, she is still using it as her home, which means it is inhabited. So Chuck is violating Penal Code 246 PC. 9 Both additional suspects are receiving treatment for injuries at a hospital. PC 246 shooting at an inhabited structure or occupied car is a felony in California law.21. 2d 594, 600 (Ala. Crim. Code of Virginia 18.2-154 - Shooting at or throwing missiles, etc Your lawyer will want to evaluate the Commonwealths case and ability to prove each of these elements. It makes no difference for purposes of this code section if the dwelling is occupied so long as it is being used as a residence. Motor Vehicle Dened. Vehicle Code 23110 VC Throwing objects at motor vehicles. An assault is an unlawful attempt to commit a violent injury on someone else.36If you are alleged to have used a firearm to assault someone, you will be charged with assault with a firearm under Penal Code 245(a)(2) PC.37. There are a few defenses available to anyone charged under PC 246: A common defense that is used is one of self-defense. Spin Master, the manufacturer of Orbeez, told NPR in a statement, "Children's product safety is paramount at Spin Master, and we are committed to providing children and their families with the highest quality toys, games and activities. shooting at an unoccupied vehicle or uninhabited dwelling can be prosecuted under Penal Code 247b. Man Fired At An Occupied Vehicle Before Shooting A Woman: Police These are imposed consecutively so that the sentence begins after you serve your time for Attempted Murder and for shooting at an inhabited dwelling or occupied building or car. Also note thatshooting at an unoccupied vehicle or uninhabited dwelling can be prosecuted under Penal Code 247b, a separate section. Virginia has a number of laws that regulate where youre allowed to fire a weapon, It is a crime to shoot a weapon where people might be in danger of injury or death. For instance, if the person dropped the weapon and fled but you continued firing at them and your shots entered or come in close proximity to an inhabited dwelling or occupied car or building, or hurt someone, then the DA could argue that the imminent threat no longer existed. If you are accused of firing a gun at a building or other structure, and you have a prior felony conviction on your record, you could also face charges underCalifornias felon with a firearm law, Penal Code 29800 PC.41, This law imposes criminal penalties on anyone with a prior felony conviction who knowingly possesses or receives a firearm in California.42Felon with a firearm carries an additional sentence of sixteen (16) months, two (2) years or three (3) years.43. 2.2. In Virginia Code 18.2-279 the statute addressing shooting at or inside of occupied homes or buildings shooting at a school building is a Class 4 felony even if the building is unoccupied. Title 18.2 CRIMES AND OFFENSES GENERALLY. Shouse Law Group has wonderful customer service. So if you are accused of firing from a vehicle at another (occupied) vehicle, or at an occupied building or inhabited dwelling, you could face charges under both California Penal Code 246 and California Penal Code 26100. "Even just shooting these on city property (not at another person) is a violation of city ordinance. Definitely recommend! Section 18-3317 - Idaho State Legislature Pen. If any such act be done unlawfully, but not maliciously, the person so offending is guilty of a Class 6 felony; and, in the event of the death of any person resulting from such unlawful shooting or throwing, the person so offending is guilty of involuntary manslaughter. Police in Fernandina Beach said two reported incidents of teens in their community firing these guns luckily ended with no one getting hurt. If you commit a gun offense, including PC 246, and you have a felony conviction on your record, even if it was expunged, you have committed another felony called Felon with a Firearm by the act of merely possessing a firearm in any manner. As a felony, you could be incarcerated in county jail for 16 months, 2 or 3 years. to discharge any firearm or barreled weapon capable of discharging shot, Officers responded between 1:30 a.m. and 2:30 a.m., for the report of a shooting into an occupied vehicle in the area of Fairfax Boulevard and Lion Run. Virginia Code 18.2-154 makes it a Class 4 felony to maliciously shoot at motor vehicles, train cars, or boats. In order for you to be guilty under California Penal Code 246 PC, your behavior must meet the legal definition of shooting at an inhabited dwelling or occupied vehicle. The defendant shot the rearm at an (inhabited house/inhabitedhouse car/inhabited camper/occupied building/occupied motorvehicle/occupied aircraft)(;/.) (a) Any person who willfully or wantonly discharges or attempts muzzle velocity of at least 600 feet per second into any building, structure, vehicle, aircraft, watercraft, or other conveyance, device, equipment, erection, or enclosure while it is occupied is guilty of a Class E felony. Ardrius Kendrick Dews, 25, of Lynchburg, has been charged with Malicious Wounding (two counts), Use of a Firearm in the Commission of a Felony, Possess Firearm by a Convicted Felon, Shooting into an Occupied Vehicle, Reckless Handling of a Firearm, and Discharging a Firearm in the City of Lynchburg. A felony conviction also may affect your ability to get hired for a job, obtain a security clearance, or rent an apartment. Discharging certain barreled weapons or a firearm into occupied property. Campers are structures that are mounted on motor vehicles and provide facilities for human habitation or camping.15, Inhabited means that someone is using the place as a dwelling. Implications and Californias Three Strikes law. Idaho Statutes. You used no more force than was reasonably necessary to defend against that danger. ; penalty We frequently see defendants charged with both firing at a dwelling or occupied vehicleandassault with a firearmfor example, in cases where they are alleged to have fired a gun at a person who was driving a car or standing outside a house. FAIRFAX CITY, VA City of Fairfax Police are investigating two shooting into vehicle incidents that occurred early Thursday morning that appear to be connected, according to a police. If you would like to discussa pending case with an attorneycontact the Aizman Law Firmat 818-351-9555 for afree confidential consultation.

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