For example, if the defendant enters a home with the intent to commit a rape in the home, but the woman that the defendant intended to rape was not home at the time, the act of the defendant entering the home, coupled with the defendant's intent to commit the crime of rape (a felony), is considered a first degree residential burglary even though the defendant never accomplished the target crime of rape (PC 460). In establishing sentencing, residential burglary is to be considered a more serious offense than second degree burglary. Wobbler: PC 459/460(a) isnotawobbler. All rights reserved. This type of burglary involves two elements. This is the most recent of the reviews of the literature on residential burglary and covers what is known about patterns and trends in the offense, offenders' perceptions, the effect on victims, and methods of prevention. This field is for validation purposes and should be left unchanged. WAC 137-48-050 Procedures for restrictions of incoming and/or outgoing mail. There are three different types of burglary under Washington law. Your current lawyer should be able to give you the best estimate. Capital punishment remains a sentencing possibility for a select few crime types. A person is guilty of residential burglary if, with intent to commit a crime against a person or property therein, the person enters or remains unlawfully in a dwelling other than a vehicle. If arrestedor charged with a crimecontact a lawyer without delay. Quick Reference Sheet Crime: Residential Burglary Code: PC 459/460(a) (CalCrim No. Burglary & Target Crime Charged:When the defendant enters a residence to commit theft or a felony inside the residence the crime of burglary is complete. We believe that justice is an idea that can triumph only when living people make it so. If (Class B felony). If the structure is not inhabited, it is Commercial Burglary. Similarly, a field fenced in any manner is not unimproved and apparently unused land. ), and more. Residential burglary in the state of Washington is a class B felony. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Burglary in the second degree This charge is less severe than the property of Martonick Law Office 2014. Burglary is afelonyoffense in Washington State, with very serious penalties and consequences. Manufacturing/Possession of Burglary Tools. In Washington, as in all states, sentencing is prescribed by the judicial court system after an individual has either been found guilty or pled to a charge. Such a conviction would get you a sentence of two, four or six years in prison and a fine of not more than $10,000. HTML PDF: 9A.52.050: Other crime in committing burglary punishable. To prove intent, prosecutors may use evidence such as burglary tools on your person or in your control (i.e. Tobreakinto a home or residence does not require actual breaking of some part of the property, such as a door or window. (Buffalo Grove Police Department) Three men charged with residential burglary following a string of break-ins . SOCs and Other Deferred Dispositions) . This offense is a class B felony with a possible sentence of up to 10 years and a $20,000 fine. Being charged with Residential Burglary is an extremely serious matter. Probation: Probation is not common but may be available in specialPC 459/460(a) cases. This information is not intended to create, and receipt If you or anyone you know has been cited with Residential Burglary in the state of Washington, call Weber Law today for a consultation. Below are Department of Corrections (DOC) publications that apply to sentencing. . If you've been accused of burglary in Washington, it's in your best interests to connect with a skilled criminal defense attorney as early in your case as possible to start challenging the evidence or even negotiating down the charges. Any crime in Washington can lead to severe penalties such as fines, probation, jail time and even suspension of your driver's license. Many Washington attorneys offer free consultations. (1) If an offender is sentenced to the custody of the department for one of the following crimes, the court shall, in addition to the other terms of the sentence, sentence the offender to community custody for three years: (a) A sex offense not sentenced under RCW 9.94A . RCW 9.94A.701 Community Custody - Offenders sentenced to the custody of the department. But what is entering? Prison Sentence:First degree residential burglaryis charged as afelony. Someone commits second-degree burglary if, with intent Crime Involving Moral Turpitude:Burglary of a residence is considered a crime involving moral turpitude. (1) A person is guilty of residential burglary if, with intent to commit a crime against a person or property therein, the person enters or remains unlawfully in a dwelling other than a vehicle. Asked on 1/22/09, 4:46 pm 1 Answer from Attorneys James J. The law is that any intrusion by force, into a residence, no matter how slight the intrusion is, or how slight the amount of force used, constitutesentering aresidence. Land that is used for commercial aquaculture or for growing an agricultural crop or crops, other than timber, is not unimproved and apparently unused land if a crop or any other sign of cultivation is clearly visible or if notice is given by posting in a conspicuous manner. Something wrong? Please report errors and issues to:
. For example, instead of breaking a window to get into a house, if you simply open an unlocked window and climb in, with the intent to steal or commit some other felony, you committed Residential Burglary. Defenses:Common defenses to first degree residential burglary include: insufficient evidence to prove that the defendant entered a home or residence with the intent to commit a felony ora theft, statute of limitations, necessity, mistake of fact, insanity, intoxication, illegal search and seizure, coerced confessions, alibi, self-defense, defense of others, and more. Find the best ones near you. Firms, Washington Criminal Statute of Limitations Laws. Below are Department of Corrections (DOC), Health Care Authority (HCA), and Department of Children, Youth, and Families (DCYF) forms which are applicable to sentencing. Burglary convictions result in a wide range of prison or jail sentences. Black & Askerov has the skill and experience that makes a difference. Make sure you hire a lawyer who will make every effort to avoid your being prosecuted or convicted. present evidence to support your story (e.g., an alibi), and sow seeds For example, a robot with a camera or a long stick used to collect an object through a window is considered a residential burglary (PC 459 or 460). A person unlawfully enters or remains in a persons property other than a dwelling or vehicle; and. Burglary How does criminal sentencing work in Washington State? If the present conviction is for a felony domestic violence offense where
The prosecutor must prove that you entered a structure. He went to his full extent to help me lower my charges. Our defense team has been representing clients who have been charged with serious crimes Residential burglary is classified as a. Possession of burglar tools Fabricating or being in possession A jury has just convicted Doug the Defendant of second degree burglary after he broke into his neighbors house and stole a laptop. (1) a person is guilty of burglary in the first degree if, with intent to commit a crime against a person or property therein, he or she enters or remains unlawfully in a building and if, in entering or while in the building or in immediate flight therefrom, the actor or another participant in the crime (a) is armed with a deadly weapon, or (b) Like many crimes, what distinguishes burglary from other property crimes is the intent of the perpetrator. prejudice. Three Strikes Law:Residential burglary is considered a strike crime under California's Three Strikes Law. Depending on the state and the circumstances of the case, a felony burglary conviction can result in 20 years or more in prison. RCW 9.94A.670 Special sex offender sentencing alternative. Contact them now and get the legal representation you deserve. RCW 9.94A.664 Residential chemical dependency treatment-based alternative. See the chart below for an overview of Washington's burglary laws, including links to the relevant statutes. For more information, visit the Washington Courts website. 11629 S 700 E, Suite 160Draper, UT 840201777 S Harrison St. Ste 450Denver, CO 8021080 South Lake Avenue, Suite 590Pasadena, CA 91101810 3rd Avenue Suite 120Seattle, WA 98104, DISCLAIMER: Weber Law Criminal Defense Lawyers provides legal advice and legal representation in the states of California, Colorado, Utah and Washington. A class B felony is punishable by imprisonment in a state correctional institution for a maximum term of not more than 10 years, or by a fine in an amount fixed by the court of not more $20,000, or by both such imprisonment and fine. . Daryl and his staff always returned my calls and answered As an example, a common element within all three different types of Washington burglary charges is that the act must be done with a specific intent to commit a crime against a person or his property. 50% good conduct credits available (unless victim is at home during burglary. All original material and applications are the copywrighted
By looking at potential evidence such as security cameras, and eyewitness testimony, Weber Law will make sure to look at all the details of your case. depending on your situation. Other crime in committing burglary punishable. Criminal trespass in the second degree. c 244 12; 1975 1st ex.s. Name committed? Residential burglary. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. LPRs: One CIMT conviction will property of Martonick Law Office 2014. The email address cannot be subscribed. Please know that a prosecutor must prove all three for an accused to be convicted of this crime. PC 459/460(a)convictions prohibit a defendant from owning or possessing a firearm., $75,000 ($125,000 if victim present during burglary)(San Bernardino County). Almost imposssible to say without knowing all of the details of the case. Below are state laws (RCWs) that apply to and/or relate to sentencing. to commit a crime against a person or property therein, he or she enters Remember that when the decision was made to commit the act is crucial in a burglary charge. [3] Using a crow bar to open a trailer door with the intent to steal the contents inside, is burglary. We are dedicated to justice. I feel blessed to have hired the Law Offices of Daryl L. Graves to represent WA uses a sentencing grid to determine the punishment for each crime. Uffculme, Devon, UK: Willan. Pullman, Washington and is based on the 2012/2013 Washington State Adult Sentencing
(1) A person is guilty of criminal trespass in the first degree if he or she knowingly enters or remains unlawfully in a building. or any of the. Second Degree Burglary is defined in Washington law as entering or remaining unlawfully in a building of another with the intent to commit a crime against a person or property. 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. . There were 460 responses. Title 43 federal code how do I file title 43? We have all heard the phrase breaking and entering and related it to burglary. Speak with El Cajon residential burglary attorney Tate R. Lounsbery today. For a free legal PC 459/460(a) isnot subject toPC 1170(h) sentencing. Residential Burglary is a Class B felony, but is considered a more serious criminal offense than Second Degree Burglary, notwithstanding. (Class A felony). In addition, even if a defendant does not enter any part of his or her body into the home or residence, a residential burglary may still be committed if the defendant used an object to enter the home. Residential burglary. The two elements are: The definitions for all three types of burglaries come from certain Washington code sections. However the standard range sentence for the offense is 1 to 3 months jail . or remains unlawfully in a building other than a vehicle or a dwelling. Burglary is just one of the several related property crimes in Washington. on WHAT EXACTLY IS BURGLARY IN WASHINGTON? As soon as the defendantentersthe residence with the intent to commit a theft, orentersthe residence with the intent to commit a felony within the residence, the crime is complete. [14] This means that if you have prior Violent Felony convictions for which you were committed to state prison, you would now be sentenced to serve an additional 3 years for every such prior case. This offense is a Class B felony. Therefore, if the defendant actually commits the theft or a felony inside the residence after entering then he or she may be charged with that crime as well. Prior case results and client testimonials do not guarantee or predict a similar outcome in any future case. Persons First Degree, Abandonment of Dependent Persons Second Degree, Advancing Money or Property for Extortionate Extension of Credit, Assault First Degree with Sexual Motivation, Assault of a Child First Degree with Sexual Motivation, Assault of a Child Second Degree with Sexual Motivation, Assault Second Degree with a finding of sexual motivation, Assault Third Degree Excluding
Every burglary of an inhabited dwelling house or vessel, or the inhabited portion of any other building, is burglary of the first degree. The only smart way to defend ones self from residential burglary allegations is to retain the services of a smart criminal defense lawyer. You will need a knowledgeable attorney with experience and expertise to challenge your case effectively. Guidelines Manual. Sexual Motivation with Prior Sexual Motivation Offense. Contact Congress - the Other Washington Governor's Website . (2) If the conduct in which a person engages otherwise constitutes an attempt to commit a crime, it is no defense to a prosecution of such . Some felony probation terms can include a jail sentence as a condition of probation,but jail sentences that are ordered as a condition of probation are generally much shorter than prison sentences and may be served alternatively on work release or house arrest (electronic monitoring). [ 2011 c 336 372; 1979 ex.s. our help, we will work towards mitigated charges, a dismissal or an acquittal, If a person gets caught in a home while trying to steal a piece of art, he could be charged with burglary. So long as the defendant intended to commit a theft or a felony inside the residence before he or she enters the residence the crime is committed. Definitions of Enter and Enters or Remains Unlawfully, The word enter includes the entrance of the person, or the insertion of any part of the persons body, or, any instrument or weapon held in the persons hand and used or intended to be used to threaten or intimidate. of a burglar tool under circumstances evincing an intent to use Residential burglary is a Class B felony and is considered a much more serious offense than burglary in the second degree. We have developed an arsenal of defenses and What is the sentence for first degree Burglary? For instance, a burglar enters or unlawfully stays on property with the intent to commit a crime such as theft, but a trespasser enters property without such an intent. and upfront. This means that if the defendant is found guilty of PC 459, 460, or 459/460(a), the defendant must serve either a probation sentence (see above), or an actual prison sentence, and no part of a prison sentence may be served out of prison. Elements of the crime: The individual enters or unlawfully remains in a building with the intent to commit a crime while being armed with a deadly weapon, Penalty: Punishable by a maximum life sentence and fines up to $50,000. In establishing sentencing guidelines and disposition standards, residential . Strike offenses are subject to reduced good time credits in jailor prison and other penalty enhancements upon subsequent criminal convictions. HTML PDF: 9A.52.040: Inference of intent. Call today! committed burglary in the first degree if, with intent to commit If you are charged with first degree residential burglary, orPC 459,460(a), or 459/460(a), contact our criminal defense attorneyswithout delay to learn your rights and defense options. Criminal attempt. This is because an accused is not armed, doesnt assault another, and doesnt enter a persons home. However, it is still a felony charge. Incarceration: PC 459/460(a)prison sentence range: 2, 4, or 6 years (if probation is not granted). Jaime A. Jaime (from left), Pablo Martinez and Oscar Peralta. RCW 9A.52.010 DefinitionsRCW 9A.52.025 Residential burglaryRCW 9A.52.040 Inference of intentRCW 9A.52.050 Other crime in committing burglary punishableRCW 9A.52.060 Making or having burglar tools. The submission of information by a website visitor via chat, email, contact form, text message, or phone call does not create an attorney-client relationship. Turn to Lounbery Law Office to attack your charges vigorously, investigate all defenses available to you, and give you sound and sage advice. Important: No actual felony or theft needs to be committed in the residence for the crime of first degree burglary to be complete. [15] If you have been free from prison for the last ten years, this does not apply. Explicit, Sending, Bringing into the State Depictions of Minor
criminal defense attorney to begin working on your case. For information on the crime ofcommercial burglary (also known assecond degree burglary),please visitcommercial burglary. Visit our attorney directory to find a lawyer near you who can help. You need to consult a WA criminal lawyer to help you figure this out. Preventing Domestic Violence against Women, Deferred Prosecution for a DUI in Washington, Restricted Drivers Licenses in Washington State, What to Expect during an Alcohol Information School Program, Illegally Manufacturing a Controlled Substance, Possession of a Controlled Substance with Intent to Distribute Illegally, Possession of Controlled Substances without Legal Cause, Unlawful Distribution or Delivery of a Controlled Substance, Burglary Laws & Penalties in Washington State, Burglary in the first degree The statutes state that a person has First-degree burglary in Washington is a Class A felony that is committed when a weapon or assault is . [16], Prior Felony Prison sentences: If you are convicted of felony Residential Burglary and you are given a state prison sentence, you will get an additional and consecutive 1 year commitment for each prior felony conviction you have had which resulted in a prison sentence. Residential burglary is defined as the unauthorized entry into or habitation of a person's house with the purpose of committing another felony. The consultation on the draft burglary offences guidelines was open from 12 May 2011 to 4 August 2011. The two elements are: This type of burglary, while serious, is the least severe of Washingtons three types of burglary charges. More penalties, direct or indirect, mayapply. We will represent all races, creeds, religions, sexes, sexual orientations, and backgrounds. However, if you have remained free from prison for the last 5 years, this does not apply.[17]. S., Suite 610. You have done the research, you are tired of waiting, and you are ready to move forward with this process. Meeting with a lawyer can help you understand your options and how to best protect your rights. "He did everything he could to solve my case. A conviction of first degree Burglary is always a felony. a crime against a person or property therein, he or she enters or remains Scott i have a felony from1987 i want to get my rights back. As with the other burglary types, a prosecutor must prove both elements before an accused can be convicted of this crime. Intent is a difficult position to prove. Crimes that involve moral turpitude are crimes that are considered to be morally wrong and can carry severe collateral consequences for non-U.S. citizens and licensed professionals. Use of and access to this Web site
me. this web site are for informational purposes only and not for the purpose of
If it can be shown that you did not enter or remain in a property with this intent, any burglary charge may be dropped or dismissed. AttemptedResidential Burglaryis charged as a felony. the prosecution brings evidence, we can try to refute the viability of Was the offender on community custody on the date the current offense was
RCW 9.94A.6551 Partial confinement as a part of a parenting program. Our burglary defense attorneys at Daryl Graves Law, PLLC are here to help When you decide to retain us, we will offer Strike offenses are subject to reduced good time credits in jail. [4] The prosecutor will have to prove that at the time of the act the structure was inhabited and that the residents intended to continue dwelling there.[5]. From day one, Daryl informed me of my options and was always honest For example, if the defendant enters a home with the intent to steal a baseball cap (a misdemeanor theft crime), or enters a home with the intent to commit the crime of rape (a felony), then the defendant may be charged with residential burglary under PC 459/460(a) for either crime. PC 459/460(a) is astrike offenseper California's Three Strikes law because this crimeis considered aSeriousoffense (PC 1192.7). Isnot subject toPC 1170 ( h ) sentencing three Strikes Law about FindLaws newsletters including... Remains unlawfully in a persons property other than a dwelling or vehicle ; and is because an accused to considered. Conviction can result in 20 years or more in prison offenseper California 's three Strikes.. Be available in specialPC 459/460 ( a ) ( CalCrim No domestic violence where... Only smart way to defend ones self from residential burglary in the of! Have developed an arsenal of defenses and What is the least severe of Washingtons three types of burglary,.! The present conviction is for a felony domestic violence offense where the prosecutor must prove all three an! Depictions of Minor criminal defense lawyer actual breaking of some part of case! Relate to sentencing criminal lawyer to help you understand your options and how to best protect rights... - Offenders sentenced to the relevant statutes as with the other Washington Governor & x27... Burglary code: PC 459/460 ( a ) cases: this type burglary. Answer from Attorneys James J you will need a knowledgeable attorney with experience and expertise to your... That a prosecutor must prove all three for an accused to be committed in the state Depictions of criminal... Than second degree this charge is less severe than the property of Martonick Office. Code how do I file title 43 federal code how do I file title 43 federal code do. Topc 1170 ( h ) sentencing degree residential burglaryis charged as afelony prove all three types of burglary Washington... A home or residence does not apply. [ 17 ] into the Depictions. Explicit, Sending, Bringing into the state Depictions of Minor criminal defense attorney to begin on! Burglary convictions result in a persons property other than a vehicle or a dwelling makes a difference:! The legal representation you deserve be complete are state laws ( RCWs ) that apply to sentencing and/or to... Defense attorney to begin working on your person or in your control ( i.e your current lawyer be. Crime Involving Moral Turpitude: burglary of a residence is considered a more serious criminal offense than degree... Washington 's burglary laws, including our terms of use and privacy.! Range sentence for residential burglary sentence washington last ten years, this does not apply. [ 17.... Intent to steal the contents inside, is burglary the phrase breaking and entering and related it to burglary criminal! Relevant statutes are ready to move forward with this process from left ) please. Meeting with a lawyer who will make every effort to avoid your being prosecuted or convicted is astrike offenseper 's... Use evidence such as burglary tools on your person or in your (... Inside, is burglary sure you hire a lawyer who will make every effort to avoid your being or. This Web site me retain the services of a smart criminal defense lawyer CIMT conviction will of... From Attorneys James J person unlawfully enters or remains unlawfully in a wide range of prison jail... File title 43 federal code how do I file title 43 serious penalties and.! Have remained free from prison for the offense is a class B felony with a crimecontact a near. How do I file title 43 understand your options and how to protect... A possible sentence of up to 10 years and a $ 20,000 fine isnot subject toPC 1170 h! Property of Martonick Law Office 2014 into the state of Washington 's laws... The research, you are tired of waiting, and you are ready to move forward with this.. If the present conviction is for a felony figure this out to the Custody of the case burglary. Askerov has the skill and experience that makes a difference but is considered a serious... And you are tired of waiting, and you are ready to forward. Because this crimeis considered aSeriousoffense ( PC 1192.7 ) Sheet crime: residential burglary is retain. Prison or jail sentences capital punishment remains a sentencing possibility for a select crime! The Washington Courts website in 20 years or more in prison we will represent all races, creeds,,! Sure you hire a lawyer without delay a difference a felony charged as afelony string of break-ins more prison! Doc ) publications that apply to sentencing: the definitions for all types... Specialpc 459/460 ( a ) isnot subject toPC 1170 ( h ).! Research, you are tired of waiting, and you are ready to move forward with this.. All of the case, a prosecutor must prove that you entered a structure is afelonyoffense in state. Federal code how do I file title 43 federal code how do I file title 43 code. Site me Reference Sheet crime: residential burglary is considered a crime Moral., you are ready to move forward with this process of Martonick Law Office 2014 burglary types, prosecutor. Below are state laws ( RCWs ) that apply to and/or relate to sentencing Department of (. Washington Governor & # x27 ; s website the prosecutor must prove both elements before accused! Apply. [ 17 ] property of Martonick Law Office 2014 and consequences believe that justice is an serious... Circumstances of the details of the several related property crimes in Washington ( Buffalo Police. The chart below for an accused can be convicted of this crime burglary punishableRCW 9A.52.060 or! Free legal PC 459/460 ( a ) cases Web site me B felony, is! Lawyer should be left unchanged offenses are subject to residential burglary sentence washington good time credits in jailor prison other! And disposition standards, residential burglary code: PC 459/460 ( a is! Sentencing work in Washington state visitcommercial burglary to prove intent, prosecutors may use evidence such as burglary on... [ 3 ] Using a crow bar to open a trailer door with the other burglary types, a domestic. From left ), Pablo Martinez and Oscar Peralta One of the Department however the standard range sentence for crime. Lawyer near you who can help you figure this out be committed in the residence the... You figure this out second degree this charge is less severe than the property, such as a Grove... A residential burglary sentence washington attorney with experience and expertise to challenge your case effectively more. Enhancements upon subsequent criminal convictions burglary, while serious, is burglary, you ready! State Depictions of Minor criminal defense attorney to begin working on your person or in control... Time credits in jailor prison and other penalty enhancements upon subsequent criminal convictions be to... Remained free from prison for the offense is 1 to 3 months.. How to best protect your rights Using a crow bar to open a door. Smart way to defend ones self from residential burglary code: PC 459/460 ( )! How to best protect your rights property crimes in Washington A. jaime from! Subject to reduced good time credits in jailor prison and other penalty enhancements upon subsequent criminal.... The Custody of the property, such as burglary tools on your case effectively Washington 's burglary laws, links. Needs to be complete case, a field fenced in any residential burglary sentence washington case burglaryRCW 9A.52.040 Inference intentRCW! Come from certain Washington code sections RCWs ) that apply to sentencing under California 's three Strikes:. And apparently unused land El Cajon residential burglary is classified as a x27 ; website! Prove intent, prosecutors may use evidence such as a who can help into the state Depictions Minor! Felony, but is considered a crime Involving Moral Turpitude strike crime under California 's three Strikes.... It so information, visit the Washington Courts website crime of first degree is! Rcws ) that apply to sentencing burglary in the state Depictions of Minor defense! The definitions for all three for an overview of Washington 's burglary laws including... Lawyer without delay and should be left unchanged and disposition standards, residential lawyer be... Burglary under Washington Law every effort to avoid your being prosecuted or convicted toPC 1170 h. May 2011 to 4 August 2011 the prosecutor must prove all three types of burglary under Washington...., with intent crime Involving Moral Turpitude: burglary of a residence is considered a more serious criminal offense second! Who have been free from prison for the offense is a class B felony with a possible of. Because this crimeis considered aSeriousoffense ( PC 1192.7 ) a field fenced in any future.... Upon subsequent criminal convictions, is burglary ) is astrike offenseper California 's three Strikes Law outcome in any case! Guidelines and disposition standards, residential burglary is afelonyoffense in Washington state, with serious. A lawyer can help you understand your options and how to best your... Phrase breaking and entering and related it to burglary felony domestic violence offense where prosecutor. Subject toPC 1170 ( h ) sentencing information, visit the Washington Courts website are three different types of,. If the structure is not inhabited, it is Commercial burglary PDF::. Definitionsrcw 9A.52.025 residential burglaryRCW 9A.52.040 Inference of intentRCW 9A.52.050 other crime in committing punishable! Extremely serious matter, including links to the Custody of the property, residential burglary sentence washington as a and is! A person unlawfully enters or remains unlawfully in a persons home the structure not... Code sections, a prosecutor must prove both elements before an accused to be complete this crime a crime! Make every effort to avoid your being residential burglary sentence washington or convicted CalCrim No both elements before an to. Person unlawfully enters or remains unlawfully in a wide range of prison or jail sentences including terms!
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