statute of limitations on domestic violence in arizona

statute of limitations on domestic violence in arizonarok aoe commanders

Some of these include: Criminal defense lawyers draw upon several legal strategies to help defendants contest domestic violence charges. For example, if the defendant leaves the state, the time limit pauses for as long as they are absent, and the clock resumes once they return. EstonianFilipino Newsom for signing this important bill. It is one year for libel or slander claims, which are a subset of personal injury law. Once the statute of limitations period passes, the debt does not disappear but creditors can no longer pursue these legal remedies as a means of collection. Most acts of domestic violence result not only in criminal liability, but also civil liability for the perpetrator. They give prosecutors a set amount of time to file charges against a suspect. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Learn more about criminal statutes of limitations inMississippi. The statute of limitations in Arizona is set at two years for all personal injury claims. For certain crimes that normally have a five year statute of limitations, the statute of limitations becomes 10 years if prosecution is based on DNA evidence. For a majority of California sex crimes, the statute of limitations is extended one year after DNA identifies a suspect. For certain crimes, if the victim reports the crime within 12 years and there is a DNA match, there is no statute of limitations. There are 2 exceptions that can delay, or toll, the statute of limitations in Arizona. Maryland has no statute of limitations for any felony sex crime. 0000006581 00000 n Search, Browse Law This only applies to 2nd, 3rd, and 4th degree criminal sexual penetration. If the victim reports within three years of the crime, and the perpetrator's DNA evidence is entered into the database within 10 years of the crime, and that DNA evidence does not identify the perpetrator, then there is no statute of limitations. In Georgia, the statute of limitations on domestic violence is two years if it is a misdemeanor and four years if it is a felony crime. A violation of this law can be charged as either a misdemeanor or felony and is punishable by years in jail or prison. 0000010277 00000 n 0000001455 00000 n Usually, misdemeanors are considered less serious offenses than a felony, resulting in slightly less severe punishments. Volunteer-FCRB startxref Hire a domestic violence defense lawyer in Arizona for advice on how to proceed. Start here to find criminal defense lawyers near you. 0000005734 00000 n CODE OF CRIMINAL PROCEDURE. If the victim is under 16 and reports within 72 hours of the crime, there is no statute of limitations. 0000009344 00000 n Let's see how we can help. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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. 0000013499 00000 n Below are examples of time limits for specific crimes in Arizona. 3. 12.01. 0000002224 00000 n Learn more about criminal statutes of limitations inColorado. Learn more about criminal statutes of limitations inRhode Island. 1999). Firms, Time Limit Considerations in Medical Malpractice Claims, Arizona Civil Statute of Limitations Laws. You might have a slip and fall case in Sedona,or perhapsa medical malpractice claim in Scottsdale. Alabama has a statute of limitations for some of its felony sex crimes. Has this state eliminated the statute of limitations for all felony sex crimes? Louisiana has a statute of limitations for some of its felony crimes, for example rape in the third degree. By FindLaw Staff | Failure to make an arrest does not give rise to civil liability except pursuant to section 12-820.02. DutchEnglish Ohio has a statute of limitations for its most serious felony sex crime, rape. Some of these include: Note that, for purposes of domestic violence cases, there is a domestic relationship in the following type of relationships: Note that domestic violence offenses in Arizona are treated as dangerous crimes. Definitely recommend! People facing criminal charges under this statute have the right to challenge them with a legal defense. f the victim is over 65, the statute of limitations does not begin to run until the victim reports. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. 13-3601. These are: ARS 13-1204 is the Arizona statute that defines the crime of aggravated assault. Tort law provides civil legal remedies for people who are injured in some way by another . States have different statutes of limitations for civil cases and criminal cases. 0000001635 00000 n 0000008314 00000 n 0000001319 00000 n Stay up-to-date with how the law affects your life. Domestic Violence means any one of the following acts between household or family members (the list is long). NorwegianPersian The time period ends when the prosecutor files any of the following: If the prosecutor files one of these motions before the time limit has expired, but then the motion is dismissed, the prosecutor can re-file it within 6 months, even if the statute of limitations would expire in the meantime.[12]. A criminal case cannot begin after the time limit has expired, even if the defendant is guilty. Some exceptions may apply when it takes longer than a year for a person to reasonably realize an injury has occurred. HV0 :uvqmJ!QhETn99'?3Bup|>;amfX{PB0'uwGHTp{zr|CMziKY>(D"RO VPTbhsQJcp f)6$?FoS$[)?ibj>T^#!!rwT"3gh@BM~,x)w[* ,v4jtZbc+vYf.P&h(_h@}FZ:sJt-5\{)+trjQX?Z A judge must approve the prosecutor's request to dismiss a case. For this to apply, the DNA evidence must have been collected at the time of the original investigation, and enough DNA material must exist such that the defendant can conduct tests of their own. See How to Stop Domestic Violence and Filing a Domestic Violence Lawsuit for more information. conspiracy to commit homicide, if it leads to death. A. 68 0 obj <>stream are both examples of felonies that have a seven-year time limit. ARS 25-403.03 Domestic Violence and Child Abuse. Arkansas maintains a statute of limitations for many felony sex offenses, for example: adult victims of sexual assault in the second degree. Definitely recommend! Vermont has a statute of limitations for its most serious felony sex crime, sexual assault. It includes Class 2 misdemeanors such as: It also includes Class 3 misdemeanors, like: Prosecutors only have 6 months to pursue charges for a petty offense. @)&$[ %Zb`*[q3:m{.alf,wX\A@4 31\/}pza43)4cE+/ps7p_l>KVifBSh-rHeJ0nuD,tq0`Z#S2*_ Several Arizona laws can be considered domestic violence offenses if there is a qualifying victim. Learn more about criminal statutes of limitations inPennsylvania. See also, A.R.S. No, domestic abuse crimes are aggressively prosecuted and even if the victim tells the court and prosecutor they do not wish to "press charges", the case will not be dismissed. GermanGreek Photo by Maria Mileta on Pexels, Arizona Statute of Limitations for Criminal Cases, The Different Statutes of Limitations for Criminal Cases in Arizona, Sexual offenses (ARS Title 13 Chapter 14), Sexual exploitation of children (ARS Title 13 Chapter 35.1), Unlawfully using an infectious biological substance or radiological agent (ARS 13-2308.03), Felonies that involve falsifying public records (ARS 13-2407), Attempting to commit any of the above offenses, In most cases, the statute of limitations for class 1 through 3 misdemeanors in Arizona is one year. Privacy Notice =g0gLE $ayHHdvxBa.4A2B:LsS1@$P\}r`wWJY}n[Zs,bYprBBh_tjs''{0cg![xhY@>cGJ/tM{#E , 3Edi*74s>l@lz~6XFu}T/Lp\ e]'zk'd In Arizona, the length of the statute of limitations for criminal cases depends on whether the crime is a misdemeanor or felony. When the criminal defendant is either not in the state of Arizona, or if he or she does not have a known residence in the state, the statute of limitations does not run.[13]. A. The language of ARS 13-3601 sets forth several criminal offenses that can lead to domestic violence charges (provided that the accused commits them while in a domestic relationship with the victim). If DNA evidence identifies a suspect after the statute of limitations has expired, then the statute of limitations can change. Learn more about criminal statutes of limitations inAlaska. The statute of limitations extends 1 year after DNA establishes the perpetrator's identity. they commit a crime that is listed within ARS 13-3601, and. ARS 13-3601 is the Arizona statute that defines the offense of domestic violence. This article will briefly review how Arizona's statutes of limitations work and what they are for several crimes. Copyright 2023 Shouse Law Group, A.P.C. Legal advice on Domestic violence and criminal charges in Arizona - Page 1 - Avvo Legal Advice Criminal defense Domestic violence and criminal charges Advice on Domestic violence and criminal charges Legal advice on Domestic violence and criminal charges in Arizona About 800 results within Domestic violence and criminal charges Q&A The statute of limitations is increased by three years after DNA evidence identifies the perpetrator. Example: felony sexual abuse has a statute of limitations. No matter the reasons, though, defendants can challenge charges under this statute by saying they were unjustly blamed. However, California is still categorized as a "no" because certain felony sex offenses still have a statute of limitations attached to them. Traditionally, the statute of limitations for assault and battery claims bars litigants from seeking relief for claims that occurred more than three years prior to the filing of the lawsuit. (770) 532-9732. endstream endobj 53 0 obj <> endobj 54 0 obj <>stream threatening or intimidating ARS 13-1202, and. Per ARS 13-3623, child abuse is when a person: Unlike with domestic violence, child abuse does not require that the offender and victim be involved a certain relationship. In fact, some states have statutes of limitations for debt that last for 10 to 20 years. The second exception is for unknown defendants of serious offenses. Michigan has a statute of limitations for some of its felony sex crimes, for example criminal sexual conduct in the 2nd degree. violating right-of-way rules at an intersection, crosswalk, or school crossing. gOSn,-1E{fU^I8h\0*NQ}-B;:-~:?,WIcyK` Note, though, that there are certain cases in which an act of domestic violence will lead to further penalties. Find help and the resources you need. CHAPTER 12. Arizona 's Senate majority leader was twice involved in domestic violence incidents that left his then-wife bloody, police reports reveal. There are several remedies and legal protections available for victims of domestic violence in Arizona. $mF9M50t"|K{iK6>0nYveBgO7u{AWY$CBelwquE!j!6Hq-/UfwbYr{l&a`y/C_5 F5-lMPu/g7UQ%)s6$wsh/{s7OWGHNrm SGLc^zL` 3bX/xI]Y*Bw^vL=-` In Arizona and most other states, the time limits depend on the offense level or the specific crime. E. If a firearm is seized pursuant to subsection C of this section, the victim shall be notified by a peace officer before the firearm is released from temporary custody. Arkansas maintains a statute of limitations for many felony sex offenses, for example: adult victims of sexual assault in the second degree. Statutes of limitations can be confusing, especially when exceptions apply. We do not handle any of the following cases: And we do not handle any cases outside of California. All rights reserved. ;yD@7%R[ZyLH CBGD\J4 "}QSN5Jf5g9&? This means it is always a defense in domestic violence cases for a defendant to show that he/she committed an act on accident, or without some other purpose. IrishItalian The domestic violence arrest laws that exist today in nearly all states, including Arizona, are variously referred to as mandatory arrest laws, pro-arrest laws or presumptive arrest laws. Learn more about criminal statutes of limitations inSouth Dakota. 602-279-2900 or 1-800-782-6400. Utah has a statute of limitations for some of its felony sex crimes, for example forcible sexual abuse. Start now by meeting with an experienced criminal defense lawyer in Arizona. In its letter to Arizona's Attorney General and the Mohave County. But whether changes apply to past crimes depends on a couple of factors. 1. Legal Associations ARS 25-403.03 Domestic Violence and Child Abuse. With regards to harassment, see. Generally, time limits on civil actions range from one to ten years. Once an identification is confirmed, there is a statute of limitations of 10 years from that point. Indiana has a statute of limitations for some of its felony sex crimes, for example rape in the 3rd level. A list of serious offenses can be found in statute ( 13-706) and includes armed robbery, burglary in the first degree, kidnapping, and child sex trafficking. Statutes of limitations set time limits for the government to bring criminal charges in a case. Shouse Law Group has wonderful customer service. Exceptions to the Criminal Statute of Limitations in Arizona, Criminal Defense Attorney in Scottsdale, Arizona, If youve been charged with any type of crime in Arizona, youll need an, on your side. A domestic violence conviction carries the same penalties as the underlying offense on which the domestic violence charge is based. Kentucky has no statute of limitations for any felony sex crime. Latin ALPHALatvian But for a long list of "major offenses," prosecutors have five years. VJ}et=ALm>Ni[_12#'SmcT7o5((rsn+IK5Fc'oKfl}jW}]!SA~Ru5;>{_3aNq. In certain instances, statutes of limitations are "tolled" (suspended), allowing the government more time to bring a case. d:WVXN#W^e@hf!X 3ig^D[5W2"wMn9(% =EgdaN*tK]#>T"a%8U0~.,t0u#QH=*|hb#S[&gP6zHta7e8|u42H3:g,rg\2oK^25[$q3x~_k\K|L^wY?YDYSjd--yi-4=t=HoE:WMsH-WBeDj*6ifer].Vc8vRN=r;4J|YU c}kf1n&J Shouse Law Group has wonderful customer service. the defendant and victim are or were in a romantic or sexual relationship. Learn more about criminal statutes of limitations inMissouri. The statute of limitations in Arizona is set at two years for all personal injury claims. endstream endobj 52 0 obj <>stream Message. Websites for local resources related to domestic violence. Learn more about criminal statutes of limitations inMichigan. Senate Bill 273. But the statute of limitations for class 2 through 6 felony cases is seven years. F. If there is reasonable cause to believe that returning a firearm to the owner or possessor may endanger the victim, the person who reported the assault or threat or another person in the household, the prosecutor shall file a notice of intent to retain the firearm in the appropriate superior, justice or municipal court. The victim and the defendant have a child in common. These may include: The following table highlights the main provisions of Arizona's domestic violence laws. A violation of this law can be charged as either a misdemeanor or felony and is punishable by years in jail or prison. The statute of limitations on misdemeanors is two years, on most felonies, it's four years. If DNA evidence leads to identifying a suspect, then the statute of limitations will begin when the state has in possession the evidence which led to the initial identification of the suspect. On learning or observing that a firearm is present on the premises, the peace officer may temporarily seize the firearm if the firearm is in plain view or was found pursuant to a consent to search and if the officer reasonably believes that the firearm would expose the victim or another person in the household to a risk of serious bodily injury or death. Nevada has a statute of limitations for its most serious felony sex crime if the victim does not report, and no statute of limitations if the victim does report. | Last updated January 17, 2023. For crimes not specifically listed in the statute, a general statute of limitations applies based on the category of the crime. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. SeeTime Limit Considerations in Medical Malpractice Claimsfor additional information. 6. The Van Norman Law team will work with you to build a strong defense and determine whether there are any statute of limitations issues that may affect your case. SB 273 generally expands protections and procedures for victims of domestic violence. 0000078883 00000 n Has this state eliminated the statute of limitations for all felony sex crimes? 0000002818 00000 n At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. HV0!`jt-FY|$#)=n6%p7p\?1!cg\JU|zZ>nBm2">>87\lnO}B \bfYYq$|?bD&a9w ,s6kr7|H~Y1l@hA ;nENZ5V$IFQ9P.?sAC~ks%clt#"^ *WOTO9 Fs.uDmz#Y?J5Y {">drlE^`k;)1@BYS*D Learn more about criminal statutes of limitations inNebraska. Like most states, Arizona sets time limits for prosecutors to begin a criminal case against a suspect. What follows is a more in-depth look at how and why these states have been categorized in the tool. Rhode Island has a statute of limitations for some of its felony sex crimes, for example sexual assault in the second degree. In cases of domestic violence involving the infliction of physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument, the peace officer shall arrest a person who is at least fifteen years of age, with or without a warrant, if the officer has probable cause to believe that the offense has been committed and the officer has probable cause to believe that the person to be arrested has committed the offense, whether the offense was committed within or without the presence of the peace officer, unless the officer has reasonable grounds to believe that the circumstances at the time are such that the victim will be protected from further injury. West Virginia has no statute of limitations for any felony sex crime. Chinese (Traditional)Croatian Learn more about criminal statutes of limitations inMinnesota. In California, the statute of limitations for most crimes is two years. Learn more about criminal statutes of limitations inHawaii. While Arizona has eliminated its statute of limitations for many felonies, some statute of limitations remain. The following factors may be considered in determining whether the relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship: (c) The frequency of the interaction between the victim and the defendant. theft of between $3,000 and $4,000 (a Class 4 felony), aggravated domestic violence (a Class 5 felony), and. Minnesota as a statute of limitations for its most serious felony sex crime. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. D. If a firearm is seized pursuant to subsection C of this section, the peace officer shall give the owner or possessor of the firearm a receipt for each seized firearm. If the victim reports within the standard statute of limitations, then the statute of limitations is increased from four years or more. Does this state have exceptions to statutes of limitations for DNA evidence? revocation of a persons right to own, possess, or purchase a firearm. The reasons for having these statutes include: Class 2 through Class 6 felonies in Arizona have a statute of limitations of 7 years.[4]. HTML PDF: 4.16.170: Tolling of statute Actions, when deemed commenced or not commenced. Aggravated assault and aggravated DUI are both examples of felonies that have a seven-year time limit. 0 Criminal Laws A-Z ARS 13-3601 Domestic Violence. Learn more about criminal statutes of limitations in Arizona. Domestic violence abuse can be physical, emotional, sexual, economic control and neglect. Learn more about criminal statutes of limitations inArkansas. J. Search, Browse Law Unknown suspect. Learn more about criminal statutes of limitations inArizona. If, for example, a defendant is convicted of sexually assaulting his ex-wife, then he faces a conviction for domestic violence sexual assault. FELONIES. Learn more about criminal statutes of limitations inNorth Carolina. Name These time limitscalled statutes of limitationscan put an end to a case even if a defendant is guilty. Some crimes dont have any statute of limitations at all, so they can be pursued even when the crime was committed decades ago. All rights reserved. Delaware has a statute of limitations for some of its lesser felony sex crimes. Name Azerbaijani ALPHABasque ALPHA 20 years: Art theft. Pennsylvania has a statute of limitations for one of its most serious felony sex crimes, rape in the first degree. Criminal Defense Attorney in Gainesville, GA. Website. Learn more about criminal statutes of limitations inMaryland. Under Arizona law, people are guilty of a domestic violence offense if: Arizonas domestic violence law lists several crimes that may trigger a charge under this statute. If the crime is reported within 12 years and there is a DNA match, then there is no statute of limitations. Domestic violence; definition; classification; sentencing option; arrest and procedure for violation; weapon seizure. Feedback hb```f``c`e`cd@ A6 x$M0[E a relationship between the victim and the defendant that currently, or was previously, a romantic or sexual relationship. Class 1 felonies have no statute of limitations in Arizona. Depends on the nature of the underlying crime and previous criminal history of the defendant. Otherwise, the statute of limitations is four years. Arizona's laws are contained in the. The crime is punished in the same manner as with disorderly conduct a Class 1 misdemeanor charge and the potential of custody in jail for up to six months. But the statute of limitations for class 2 through 6 felony cases is seven years. SwahiliSwedish Learn more about criminal statutes of limitations inNew Jersey. The victim or the defendant is pregnant by the other party. After the courts officially bring a charge against you, you will enter a plea. Prosecutors can pursue these charges at any time after they occur.[6]. The 2004 domestic violence incident never saw the inside of a courtroom. Washington has a statute of limitations for its most punishable felony sex crime, rape in the 1st degree. Career Opportunities Some of these include showing that a defendant: A violation of ARS 13-3601 is punished in the same manner as the underlying offense on which the domestic violence charge is based. The statute of limitations for criminal charges could depend on the crime charged as a misdemeanor or a felony. causes a child to suffer physical injury. SerbianSlovak Check out RAINNs guides: When a crime is committed, there is a window of time that a state has to charge the perpetrator. Stay up-to-date with how the law affects your life. In that event, the victim will be notified of that decision. persons who reside or resided in the same household, the defendant or the victim is pregnant by the other party. does so by means of certain aggravating factors (such as assaulting someone and causing serious physical injury). RAINNs statutes of limitations toolprovides a visual representation of where states fall on key aspects of these laws. Contact us. An act of self-defense that is justified under chapter 4 of this title is not deemed to be an act of domestic violence. North Dakota has a statute of limitations for some of its most punishable felony sex crimes (gross sexual imposition). The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household. Learn more about criminal statutes of limitations inIllinois. Learn more about criminal statutes of limitations inWyoming. AfrikaansAlbanian For example, they could change the statute of limitations for child sex crimes from 10 years to 25 years. aggravated assault causing a serious injury or the use of a deadly weapon. Tennessee has a statute of limitations for one of its most serious felony sex crimes, aggravated rape. Either way, you will have to follow the state's time limits for filing your case. But Arizona has its own time limitations for state crimes, which are listed in Arizona Revised Statute. In some circumstances, a domestic violence charge may result in additional penalties, such as: In this article, our Phoenix Arizona criminal defense attorneys will discuss what the law is under this statute, defenses available if charged, the penalties for a conviction, and related crimes. G. A peace officer is not liable for any act or omission in the good faith exercise of the officer's duties under subsections C, D, E and F of this section. Meeting with a lawyer can help you understand your options and how to best protect your rights. For instance, rape under the circumstances of the California Penal Code 261(a)(5) still carries a statute of limitations. You can find the list of major offenses by clicking here and searching for title 42, section 5552. to ensure timely claims by requiring the plaintiff with a valid claim to file it in a timely manner. Illinois, Indiana, Iowa, Kentucky, Louisiana, and Maine are some great . The victim is a witness for the state and has no authority to drop charges. 4. Alaska has eliminated its statute of limitations for a large portion of its felonies, but does still have a statute of limitations for Class C felonies, including sexual assault in the 3rd degree. See, e.g. An act of self-defense that is justified under chapter 4 of this title is not deemed to be an act of domestic violence. 0000079779 00000 n If you are dealing with a personal injury or another dispute that may merit compensation, it's in your best interest to contact anArizona litigation attorneyas soon as possible. Call and tell us your situation. hTn0i(C~@wrWn ii4,>x'KF8tJkuS?rX= 94FqR}'7vZE,g'C4B$[6Uri%r5SJ@I1=%huODL2&o~|puM%UId`#)R~$IX\XWEbLHXm= Ah~gF`C}0 J. Self-Service Center Learn more about criminal statutes of limitations inKentucky. You may talk to the clerk of court in your county for help in filing a law suit in small claims court. The law also tolls (or suspends) the limitations period in instances listed belowallowing prosecutors extra time to file charges where the defendant might be attempting to avoid the authorities. These time limitations apply to state crimes in Arizona. Arizona's Statutes of Limitations for Specific Crimes threatens to cause a serious public inconvenience (such as the evacuation of a building), or. In most cases, this means that the statute of limitations begins to run when the crime is reported. Call 480-481-0616 today to schedule a free consultation. E2L*q}T! If DNA evidence leads to the identification of an offender, then there is no statute of limitations. Contact us. Images used under creative commons license commercial use. [10] State v. Escobar-Mendez, 986 P.2d 227 (Ariz. Ct. App. Selected State Statutes. For certain offenses, there is no statute of limitations if perpetrator is identified. The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship. Learn more about criminal statutes of limitations inOregon. Learn more about criminal statutes of limitations inVermont. However, this was originally different for domestic violence. The email address cannot be subscribed. You should look at the actual law for nuances, exceptions, and legislative changes. Federal charges may have a different statute of limitations. Its important to note that for federal crimes, the statute of limitations is almost always five years. When convicted of a domestic violence offense, a Defendant must complete 26 domestic violence classes. Class 1 felonies have no statute of limitations in Arizona. 0000004902 00000 n But there can be other serious crimes involved, such as rape or sexual assault. )esak8)M36|b V%h SY sexual crimes, like sexual assault or sexual exploitation of a child, that are Class 2 felonies. Arizona domestic violence laws are complicated, and some crimes may not technically be domestic violence. DNA evidence for an unknown ID can also lead to John Doe prosecutions. Aggravated assault and aggravated DUI are both examples of felonies that have a seven-year time limit. Understanding Statutes of Limitations for Sex Crimes, Five Things that Make an Effective Statute of Limitations. [1] ARS 13-3601 is the Arizona statute that defines the offense of domestic violence. Some severe criminal offenses, such as homicide or violent sexual assault, have no statute of limitations. A victim's choice to report or not report does not affect the statute of limitations. Examples of crimes associated with domestic abuse include: If you are found guilty of a misdemeanor domestic violence charge for a third time in a seven-year period you can be charged with a felony and sentenced to prison time. H. Each indictment, information, complaint, summons or warrant that is issued and that involves domestic violence shall state that the offense involved domestic violence and shall be designated by the letters DV. Some severe criminal offenses, such as homicide or violent sexual assault, have no statute of limitations.[1].

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