In Minnesota, lewdly exposing one's private parts is prohibited in a public or private place. Indecent exposure is the exposure of one's genitals with the intent to arouse or gratify the sexual desire of any person in a public place, or in the view of a public place, under circumstances in which the offender knows the conduct is likely to annoy, offend, or alarm another person. For both crimes, it does not matter whether the act happens in public or private. If there were evidence that the Iowa legislature had considered, or was even aware of, the Model Penal Code provision, and had consciously chosen to write a narrower provision, then the juxtaposition of Iowa Section 709.9 and Model Penal Code Section 213.5 would be relevant. Prohibited lewd and lascivious behavior is doing any of the following acts: In Kentucky, indecent exposure means exposing one's genitals under circumstances that would cause affront or alarm to another person. Apersonwhoexposestheperson'sgenitalsorpubicareatoanothernottheperson's spouse . Maine has two separate statutes prohibiting the exposure of genitals: Indecent conduct and visual sexual aggression against a child. From photoshoots to running wild and free? In Arkansas, it is considered indecent exposure to expose one's sex organs in public view or under circumstances that will cause affront or alarm. The person does so to arouse or satisfy the sexual desires of either party; and Public lewdness in the first degree: Class A misdemeanor, Up to 3 months imprisonment and up to a $500 fine for public lewdness, Up to 1 year imprisonment and up to $1,000 fine for public lewdness in the first degree, In any public place and in the presence of any other person, In the presence of any other person less than 16 years of age for the purpose of arousing or gratifying sexual desire and the offender is 18 or older, In the presence of anyone other than a consenting adult on the private premises of another or near enough to be seen from a private premises for the purpose of arousing or gratifying sexual desire, In a private residence of which they are not a resident and in the presence of any other person less than 16 years of age who is a resident of that private residence and the offender is 18 or older, In a private place with the knowing intent to be seen by a person in a public place, An adult who willfully exposes their private parts in any public place in the presence of a person less than 16 years of age for the purpose of arousing or gratifying sexual desire: Class H Felony, Up to 60 days imprisonment and up to $1,000 fine, 4 to 25 months imprisonment and a fine in the court's discretion for a Class H felony, Masturbating in a public place or in the presence of a minor, Exposing their penis, vulva, or anus in a public place or to a minor in a public or private place, Exposing their penis, vulva, or anus by unsolicited electronic means, Exposing their penis, vulva, or anus to a minor by any electronic means, Second or subsequent conviction: Class C felony, Committing indecent exposure on school property or within 50 feet of school property: Class C felony, Prior conviction for indecent exposure and committing indecent exposure on school property or within 50 feet of school property: Class B felony, Up to 1 year imprisonment and up to $3,000 fine for a Class A misdemeanor, Up to 5 years imprisonment and up to $10,000 fine for a Class C felony, Up to 10 years imprisonment and up to $20,000 fine for a Class B felony, Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation, Expose one's private parts with the purpose of personal sexual arousal or gratification or to lure a minor into sexual activity, Misdemeanor of the third degree if the offender has a previous public indecency conviction, Misdemeanor of the second degree if the offender has two previous public indecency convictions or if a minor is present and the offender has one previous public indecency conviction, Misdemeanor of the first degree if the offender has three or more previous public indecency convictions; if a minor is present and the offender has two previous public indecency convictions; or if a minor is present and the exposure is for the purpose of personal sexual arousal or gratification or to lure the minor into sexual activity, Felony of the fifth degree if a minor is present and the offender has three or more previous public indecency convictions; or if a minor is present and the exposure is for the purpose of personal sexual arousal or gratification or to lure the minor into sexual activity and the offender has a previous public indecency conviction, Up to 30 days imprisonment and up to a $250 fine for a fourth degree misdemeanor, Up to 60 days imprisonment and up to a $500 fine for a third degree misdemeanor, Up to 90 days imprisonment and up to a $750 fine for a second degree misdemeanor, Up to 180 days imprisonment and up to a $1,000 fine for a first degree misdemeanor, 6 to 12 months and up to a $2,500 fine for a fifth degree felony. Simple assault, domestic incident, was reported Dec. 10 in the 200 block of Sharon Church Road, South Mills. Tennessee's indecent exposure statute prohibits the intentional exposure of private parts in public or private if the exposure would offend an ordinary person or is for the offender's sexual gratification. Indecent exposure. An indecent exposure is aggravated if the offender also fondles themself. You did so within a public place, or in any place within the view of a person who is in a public place. In Nevada, indecent exposure is an open and indecent or obscene exposure of private parts. Iowa defines indecent exposure under section 709.9 as having occurred when a person who exposes the persons genitals or pubes to another, or performs as sex act in the presence of or view of another. Up to 6 months imprisonment and up to $750 fine. Iowa may have more current or accurate information. It is indecent exposure to knowingly or purposely expose one's genitals or intimate parts by any means, including electronic communication, under circumstances in which the offender knows the conduct is likely to cause affront or alarm in order to: Nebraska's prohibition against indecent exposure is found in its public indecency statute. A lewd fondling or caress of the body of another person. around 4:10 p.m. Thursday when he was reported to be intoxicated. Of course, even a purposivist will only ask about a statute's purpose as an aid to construction if she first finds the relevant statutory language ambiguous. According to a police report, Curtis D. Rarick, 50, was at the. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. But either way, they contend, courts should not give effect to the views expressed therein, for to do so would short-circuit the legislative process. In Isaac itself, the majority juxtaposed Section 709.9 of the Iowa Code with the indecent exposure provision promulgated by the American Law Institute as Section 213.5 of the Model Penal Code--a model statute upon which many states have drawn in drafting their criminal laws. Textualism has made its mark on Supreme Court jurisprudence. The person does so to arouse or satisfy the sexual desires of either party; and. All rights reserved. Indecent exposure Pimping of a pubescent minor Possession of illegal pornography Any sexual acts committed by a minor on another minor Sexual harassment of a minor Tier II As the next level in severity, tier II crimes can involve: Lascivious acts with a minor or solicitation of a minor for sex Invasion of privacy involving nudity Search, Browse Law Pennsylvania's indecent exposure law prohibits someone from exposing their genitals in public or in any place where their actions could offend someone else. Indiana Petition for Waiver of Reinstatement Fee, U.S. Code > Title 18 > Part I > Chapter 71 - Obscenity, Arizona Laws > Title 12 > Chapter 7 > Article 1.1 - Obscene Movie and Obscene Pictorial Publication Abatement, Arizona Laws > Title 13 > Chapter 35 - Obscenity, Florida Statutes > Chapter 847 - Obscenity, Indiana Code > Title 35 > Article 49 - Obscenity and Pornography, Michigan Laws > Chapter 750 > Act 328 of 1931 > Chapter XIV - Blasphemy, Michigan Laws > Chapter 750 > Act 328 of 1931 > Chapter XLVIII - Indecency and Immorality, Michigan Laws > Chapter 752 > Act 183 of 2013 - Student Safety Act, Michigan Laws > Chapter 752 > Act 343 of 1984 - Obscene Material, New Mexico Statutes > Chapter 30 > Article 38 - Exhibiting Obscene Films Outdoors, Rhode Island General Laws > Chapter 11-31 - Obscene and Objectionable Publications and Shows, Rhode Island General Laws > Chapter 11-31.1 - Adjudication of Obscene Publications, Rhode Island General Laws > Chapter 12-27 - Adjudication of Obscene Publications, Wisconsin Statutes > Chapter 944 > Subchapter IV - Obscenity. Isaac was tried and convicted for indecent exposure and other offenses not relevant here, but the Iowa Supreme Court reversed the indecent exposure conviction. A person who exposes the person's genitals or pubes to another not the person's spouse, or who commits a sex act in the presence of or view of a third person, commits a serious misdemeanor, if: 1. Indecent exposure is a serious misdemeanor in Iowa, and is defined in Iowa Code section 709.9, which states as follows: A person who exposes the persons genitals or pubes to another not the persons spouse, or who commits a sex act in the presence of or view of a third person, commits a serious misdemeanor, if: Get tailored advice and ask your legal questions. By DAVID PITT February 2, 2018. The Isaac case, although colorful in its own disgusting way, is hardly unique in what it tells us about statutory interpretation. There are two indecent exposure offenses in New York that could result in imprisonment: Public lewdness and public lewdness in the first degree. Temporary Matters Included in that list is exposure of one's private parts in public with a sexual intent. This information does not infer or imply guilt of any actions or activity other than their arrest. Civil Rights Child Custody Under circumstances in which the offender knows the conduct is likely to cause affront or alarm, it is illegal to intentionally expose one's sex organs or anus, or the sex organs or anus of another person, or intentionally cause such exposure by another, or engage in any overt act of sexual gratification. States have inconsistent laws about indecent exposure and which crimes require registering as a sex offender. Jail Information Taking indecent liberties with a child: A person 18 years of age or older, who, with lascivious intent, knowingly and intentionally exposes his or her sexual or genital parts to any child under the age of 15 to whom they are not legally married or proposes that any such child expose their sexual or genital parts to the offender. Please check official sources. Laws and social attitudes regarding indecent exposure vary significantly in different countries. Get tailored advice and ask your legal questions. The severity of the penalty depends on the number of convictions the offender has or the location of the offense. Both require the exposure of private parts in a manner that would cause affront or alarm. There are two degrees of indecent exposure. A serious misdemeanor may be punished by up to one year in prison and a fine from $315 to $1,875. 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. Iowa Code 728.5 - Public indecent exposure in certain establishments Current as of: 2022 | Check for updates | Other versions 1. Use our free directory to instantly connect with verified Indecent Exposure attorneys. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. Contact us. Further, the Legislature has criminalized in other statutes the sending of obscene images to another person. It involves publicly displaying one's genitals, which causes alarm or offence to others. 102 reviews A blazing satire of South African apartheid, Indecent Exposure is Tom Sharpe's brilliant follow-up to his Riotous Assembly. If you need an attorney, find one right now. The opinion reads as an almost textbook example of textualism--a method of statutory interpretation that focuses on a statute's text, rather than seeking to discern the collective intent of its drafters. It is illegal to willfully, knowingly, and lewdly expose one's person or genitals in any public place, or in any place where there are present other persons to be offended or annoyed. This information does not infer or imply guilt of any actions or activity other than their arrest. The crime of public indecency is committing any of the following acts in a public place: Hawaii's indecent exposure statute is simple. But not all textualists are sophisticated, and even sophisticated textualists can become so enthralled with their supposed ability to discern meaning from text alone that they neglect other reliable sources of meaning. Assume for a moment that textualists are right that committee reports and floor statements are unreliable indicia of legislative intent. In dissent, Justice Michael Streit suggested that the record did not rule out the possibility--and thus that the jury might have found--that Isaac in fact intended to and did derive sexual gratification from the fact that a police officer might catch him in the act. A statute's purpose, in Justice Breyer's view, is simply the purpose that we can best attribute to a reasonable legislator who supported the law. 1. The Model Penal Code statute does not require that the exposure be "to another," thus making it possible to find guilt under the Model Penal Code for a case of exposure to one person and gratification via another. The court ruled found that to meet the definition of the Iowa law as written, such an offensive display must be done in the physical presence of . Learn more about FindLaws newsletters, including our terms of use and privacy policy. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Indecent exposure in the second degree: Unclassified misdemeanor, Indecent exposure in the first degree: Class A misdemeanor, Up to 30 days imprisonment and up to a $575 fine for an unclassified misdemeanor, Up to 1 year imprisonment and up to a $2,300 fine for a Class A misdemeanor, Make an obscene or indecent exposure of his or her genitalia or anus, Exposing or exhibiting their sexual organs in public or on or visible from the private premises of another in a vulgar or indecent manner, Being naked in public in a vulgar or indecent manner, Intentionally exposing the genitals in a lewd or lascivious manner, Intentionally committing any other sexual act that does not involve actual physical or sexual contact with the victim, Unlawful exposure of sexual organs: Misdemeanor of the first degree, Unlawful exposure of sexual organs, second or subsequent conviction: Felony of the third degree, Lewd or lascivious exhibition: Felony of the second degree, Lewd or lascivious exhibition if the offender is under 18: Felony of the third degree, Up to 1 year imprisonment and up to a $1,000 fine for a misdemeanor of the first degree, Up to 15 years imprisonment and up to a $10,000 fine for a felony of the second degree, Up to 5 years imprisonment and up to a $5,000 fine for a felony of the third degree, A lewd appearance in a state of partial or complete nudity, A lewd caress or indecent fondling of the body of another person, Up to 1 year imprisonment and up to a $1,000 fine, 1 to 5 years and up to a $100,000 fine for a third or subsequent conviction, under circumstances likely to cause affront, Exposes one's genitals in a public place or any place where another person is present and is offended or annoyed by the exposure, Encourage or help another person to expose their genitals in any place where another person is present and is offended or annoyed by the exposure, Up to 10 years imprisonment and up to a $50,000 fine for a second or subsequent conviction, An act of sexual penetration or sexual conduct, A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of the person, Third or subsequent conviction: Class 4 felony, If an adult commits the offense within 500 feet of a school: Class 4 felony, Up to 1 year imprisonment and a $75 to $25,000 fine, 1 to 3 years imprisonment and a $75 to $25,000 fine for a Class 4 felony. Thompson, Michael I. In Illinois, the crime of public indecency includes a lewd exposure of the body in a public place. Domestic dispute reported Dec. 10 in the 2300 block of U.S. Highway 17 . As with any criminal conviction, an indecent exposure conviction can cause you to lose employment, but it also can lead to your name being on a sex offender registry. A person who exposes the person's genitals or pubes to another not the person's spouse, or who commits a sex act in the presence of or view of a third person, commits a serious misdemeanor, if: 1. Spouse Visit our attorney directory to find a lawyer near you who can help. Police say the staff told Rarick several times that he needed to stay in the waiting room but Rarick said he needed to go to an exam room. Free Newsletters In addition, the court may also order imprisonment not to exceed one year. HB 1151 - Prohibits Indecent Exposure to Include Restrooms, Locker Rooms, Dressing Rooms, and Showers - Tennessee Key Vote A purposivist might want to try the following thought experiment: If the Iowa legislators who adopted the provision in 1976 were presented with the facts of the Isaac case, would they have thought the case would be covered by their new provision? keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. If you need an attorney, find one right now. Indecent Exposure & Gary Hodges Chaos & A.C.A.B 2008. However, the traditionalists have hardly surrendered to textualism. Indecent exposure is the deliberate public exposure by a person of a portion of their body in a manner contrary to local standards of appropriate behavior. If the victim is 18 or older, it is second degree indecent exposure. State v. McNeal, 867 N.W.2d 911 (Iowa 2015). Indecent exposures : short fiction by Bahr, Robert, 1940-Publication date 1993 Publisher Mobile, Ala. : Factor Press Collection . Please check official sources. Emergency Injunction while intending to be observed and being observed by a person less than sixteen years of age for the purpose of alarming or seriously annoying such person; or. The sexual misconduct in the first degree statute prohibits exposing one's genitals under circumstances in which the offender knows the conduct is likely to cause affront or alarm. | 1. A person who exposes the persons genitals or pubes to another not the persons spouse, or who commits a sex act in the presence of or view of a third person, commits a serious misdemeanor, if: 1. (1) A person commits an offence if. Juvenile Abuse/Neglect The person does so to arouse or satisfy the sexual desires of either party; and. New Hampshire's indecent exposure and lewdness law has two levels of severity. Meeting with a lawyer can help you understand your options and how to best protect your rights. The Court explained that the word 'exposes' is not defined in the statute. Lopez was therefore prejudiced by his lawyers failure to challenge the sufficiency of the evidence, the Court held. Last update: Mon Jan 22 17:13:42 CST 2001 For both crimes, the exposure must be intentional and offensive to another person. For example, if Isaac had been caught outside a stranger's window using profanity, moaning, and masturbating under an opaque raincoat, that still would have been offensive behavior, but it clearly would not have been a violation of Section 709.9 because there would have been no exposure of his genitals. Date Published 1973 Length 178 pages Annotation THIS EXPOSE DEALS WITH THE INCIDENCE, CAUSES, TREATMENT, AND INVESTIGATION OF INDECENT EXPOSURE BY BOTH MALES AND FEMALES, AND WITH THE EFFECTS OF THIS CRIME ON BOTH ITS VICTIMS AND SOCIETY. It is illegal to recklessly do any of the following, under circumstances in which the offender's conduct is likely to be viewed by and affront others who are in the offender's physical proximity: In Oklahoma, the crime of indecent exposure is a serious offense. Tulsa 27 Views . Indecent exposure involving a child, S.D. The core of the 1976 reform was to specify what acts are forbidden (exposure of the genitals), for what purposes (sexual arousal or gratification), and under what circumstances (when such exposure can reasonably be expected to cause offense). Public urination is not considered indecent exposure unless it is done for the sexual stimulation of the viewer. In Alaska, indecent exposure means purposely exposing one's genitals with reckless disregard of the offensiveness of the act. It also is not indecent exposure to be naked in a place where nudity is not unusual, like a locker room. Is 311 really the legal code for indecent exposure in Iowa? Iowa Code 2001: Section 709.9 709.9 Indecent exposure. The exposure of genitals or pubes to someone other than a spouse; 2. The Court as a whole, and individual Justices, continue to cite legislative history. Sounding a distinctly purposivist note, Justice Streit stated that "Isaac's conduct is the type of behavior the legislature intended to outlaw with section 709.9. For all of those reasons, a person accused of indecent exposure is well advised to seek an attorney immediately, as it is important to properly handle the charges. However, when confronted, Isaac turned toward the officer, thus exposing his genitalia. Felony Up to 3 years imprisonment and a fine in the court's discretion. A person who exposes the person's genitals or pubes to another not the IA Code 709.9 (through 2013) . As of Wednesday, he remained in the Bremer County . Indecency with a child: Felony of the third degree, Up to 180 days imprisonment and up to $2,000 fine, 2 to 10 years imprisonment and up to $10,000 fine for indecency with a child, Exposing the offender's genitals, the female breast below the top of the areola, the buttocks, the anus, or the pubic area, Exposing the offender's genitals, the female breast below the top of the areola, the buttocks, the anus, or the pubic area in a public place or in a private place under circumstances the person should know will likely cause affront or alarm or with the intent to arouse or gratify the sexual desire of the actor or the child, Causing a child under the age of 14 years to expose his or her genitals, anus, or breast, if female, to the actor, with the intent to arouse or gratify the sexual desire of the actor or the child, Lewdness involving a child: Class A misdemeanor, Lewdness, if the person committing the offense is a sex offender or has two prior convictions for lewdness: Third degree felony, Lewdness involving a child, if the person committing the offense is a sex offender or has a prior conviction for lewdness involving a child: Third degree felony, Up to 6 months imprisonment and up to $1,000 fine for a Class B misdemeanor, Up to 5 years imprisonment and up to $5,000 fine for a third degree felony, Engaging in open and gross lewdness and lascivious behavior, Willfully and lewdly committing any lewd or lascivious act upon or with the body, or any part or member thereof, of a child under the age of 16 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of the offender or the child, Lewd and lascivious conduct with a child: Felony, Up to 1 year imprisonment and up to $300 fine for open lewdness, Up to 2 years imprisonment and up to $1,000 fine for open lewdness, second or subsequent conviction, Up to 5 years imprisonment and up to a $300 fine for open lewd and lascivious conduct, 2 to 15 years imprisonment and up to a $5,000 fine for lewd and lascivious conduct with a child, 5 years to life imprisonment and up to a $25,000 fine for lewd and lascivious conduct with a child, second offense, 10 years to life imprisonment and up to a $25,000 fine for lewd and lascivious conduct with a child, third offense, Indecent exposure: Intentionally making an obscene display or exposure of one's person or the private parts in any public place or place where others are present, or procuring another to so expose themselves. In West Virginia, indecent exposure is an intentional exposure of private parts under circumstances that are likely to cause affront or alarm. Accordingly, in Isaac as in many statutory interpretation cases of greater moment, the real disagreement concerns whether the statute is ambiguous in the first place: the majority in Isaac thought so and the dissent thought not. Ohio has various degrees of indecent exposure depending on the offender's criminal record or if a minor is present. If an adult exposes genitals, buttocks, or female breast to a child under 13 in a private residence, then the penalties are more severe. Camden Sheriff. court opinions. Under Iowa indecent exposure laws, this genital exposure may not seem like a crime at first glance. Indecent exposure is considered a misdemeanor in most . @~ (* {d+}G}WL$cGD2QZ4 E@@ A(q`1D `'u46ptc48.`R0) As Justice (and then-Judge) Stephen Breyer explained in a 1991 article in the Southern California Law Review, "one of the best ways to find out the purpose of an action taken by a group is to ask some of the group's members about it.". The Court pointed out that all the offenses under Chapter 709, except invasion of privacy, require a persons physical presence. The person knows or reasonably should know that the act is offensive to the viewer. Both offenses carry the potential for imprisonment. The facts of the Iowa case are creepy: Late one June night in 2006, a police officer caught Ronnie James Isaac masturbating outside the bedroom windows of two women. An Iowa City man has been charged with indecent exposure after police allege he showed a woman his genitals at a health clinic. November 02, 2008 11:00 PM. These two crimes are public indecency and indecent exposure. Because indecent exposure is " 'essentially a visual assault crime,' " State v. Bauer, 337 N.W.2d 209, 211 (Iowa 1983) (quoting Kermit L. Dunahoo, The New Iowa Criminal Code: Part II, 29 Drake L. Rev. Please try again. Stay up-to-date with how the law affects your life. Public lewdness: Exposing one's anus or genitals in a public place with recklessness about whether another person is present who will be offended or alarmed. Being a registered sex offender can disqualify you from many jobs and could limit other rights. Because Lopez had failed to preserve the issue for appeal, though, the Courts review of his claim turned on whether Lopezs trial counsel was ineffective. stream The person does so to arouse or satisfy the sexual . exposesthe person's genitals or pubes . #1 VOP/INDECENT EXPOSURE IN PUBLIC. URL: /DOCS/IACODE/2001/709/9.html to another not the person's spouse, or who commits a sex act in the presence of or view of a third person, commits a serious misdemeanor, if: 1. Indecent exposure is the act of revealing one's genitals in public in a manner that is likely to offend others. Second degree indecent exposure is a misdemeanor, and first degree indecent exposure is a felony. In concrete terms, the most important consequence of textualism is to render nearly all legislative history irrelevant to the task of statutory interpretation. Find many great new & used options and get the best deals for Zero exposure all terrain pants sixe 34x30 at the best online prices at eBay! Iowa Code section 709.9 is titled "Indecent exposure" and provides, A person who . A conviction for this crime can result in a fine of at least $350 but not more than $1,875. Exposing the offender's genitals with the intent of arousing the sexual desire of the offender or another person, Commit public indecency after already being convicted for public indecency or another sex offense: Class C felony, Up to 1 year imprisonment and up to a $6,250 fine for Class A misdemeanor, Up to 5 years imprisonment and up to a $125,000 fine for Class C felony, Indecent exposure in the presence of a minor under 16 years of age: Misdemeanor in the first degree, Up to 2 years imprisonment and up to $5,000 fine, Up to 5 years imprisonment and up to $10,000 fine for indecent exposure in the presence of a minor under 16 years of age, exposes one's genitals to the view of another, for the purpose of sexual arousal, gratification, or stimulation, under circumstances in which the offender's conduct is likely to cause affront, distress, or alarm to that person, Up to 3 years imprisonment and up to $1,000 fine for a second or subsequent conviction. Washington County Attorney John Gish announced Friday that the indecent exposure charge had been dropped against Justin Jaspering, 42, of Sigourney. 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. All rights reserved. All of the following acts are prohibited under Minnesota's indecent exposure law: In Mississippi, it is considered indecent exposure to willfully and lewdly expose one's body or private parts in public or in any place where others are present. Indecent exposure. Criminal History

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