44 pages. Section 30-3B-104. Raghav Arora Ampliar bsqueda. Sign up for our free summaries and get the latest delivered directly to you. TikTok famous soft-swinging Mormon mom Taylor Frankie Paul was arrested for domestic violence after throwing a metal chair at her boyfriend that ended up hitting her five-year-old daughter. Kidnapping in the second degree, Section 13A-6-45. Best Regards to all. Initial child custody jurisdiction. The biggest difference between domestic violence and civil harassment are the legal consequences associated with each offense. Residency requirement for plaintiff when defendant nonresident. Disagreements and threats between partners can result in the police being called and someone being taken to jail. Section 30-3B-203. Age of majority designated as 19 years. (f) For purposes of determining second, third, or subsequent number of convictions, Offenses Against Order and Safety, Article 1. Were you arrested or charged with domestic violence in New Jersey. Cite this article: FindLaw.com - Alabama Code Title 13A. A person commits the crime of harassment if, with intent to harass, annoy, or alarm another person, he or she either: a. Section 13A-6-138. to harass or cause alarm. Determination raises rebuttable presumption that custody with perpetrator detrimental to child. Allowance for support during pendency of action. Article 7 - Domestic Violence in 1st, 2nd, and 3rd Degrees. Article 1. Transitional provision. Individuals can also be charged with harassment when the individual makes an obscene gesture towards another human being or uses offensive language that is directed at another individual. The law also states that this jail time is without consideration of probation, parole or good time credit, which means the judge can make you sit and think about your conduct for the full term. Contact us. So, if a person can avoid domestic abuse 3rd degree crimes, he or she will not be told where to go and NOT go, and what to not do. Section 30-3B-206. Service of petition and order. Harassment can take the form of physical conduct which includes any type of unwanted or touching. But before answering the question of what makes Domestic Violence 3rd Degree a felony in Alabama, it is helpful to know what constitutes Domestic Violence 3rd Degree under Alabama Criminal Laws. Section 13A-6-91.1. Misdemeanors in Alabama can carry up to 1 year in jail, and felonies are crimes for which 1 year and 1 day (or more) is the typical incarceration period. Section 30-3-131. Section 30-5A-5. Visitation by parent who committed violence. Allowance upon grant of divorce; certain property not considered; retirement benefits. or obscene words or language. Domestic Violence Protection Order Enforcement Act, Section 13A-6-143. Section 30-5-11. The penalties for the stalking laws above are: Stalking in the First Degree is a Class C felony that can be punished by between 1 and 10 years in prison and up to a $15,000 fine. Section 13A-6-132. Civil harassment can turn into domestic violence when the harassment becomes threatening to the person. The Alabama appellate courts are quick to reverse a case if any of the elements of the crime are not proven at trial. The Protection of Women from Domestic Violence Act 2005 is an Act of the Parliament of India enacted to protect women from domestic violence.It was brought into force by the Indian government and Ministry of Women and Child Development on 26 October 2006. A conviction can be either a finding of guilty after a trial or a plea of guilty accepted by the Judge. ; previous court orders; issuance of orders. All Rights Reserved. Section 30-3B-209. (c) A second conviction under subsection (a) is a Class A misdemeanor, except the defendant shall serve a minimum term of imprisonment of 10 days in a city or county jail or detention facility without consideration for any reduction in time. Orders for protection or modification - Authorized, issuance, relief, time, amendment, etc. of Disorderly conduct consists of any improper behavior such as fighting, threats of violence, or creating a dangerous atmosphere. Aggravated stalking is even more serious and considered a Class B felony that can result in twenty years in prison and a $30,000 fine. another state or jurisdiction, a conviction under subsection (a) is a Class C felony. Having two prior convictions for Domestic Violence 3rd Degree in Alabama enhances a third or subsequent charge of Domestic Violence 3rd Degree to a Class C felony. Finding of domestic violence constitutes change in circumstances. (a)(1) A person commits domestic violence in the third degree if the person commits the crime of assault in the third degree pursuant to Section 13A-6-22; the crime of menacing pursuant to Section 13A-6-23; the crime of reckless endangerment pursuant to Section 13A-6-24; the crime of criminal coercion pursuant to Section 13A-6-25; the crime of harassment pursuant to subsection (a) of Section 13A-11-8; the crime of criminal surveillance pursuant to Section 13A-11-32; the crime of harassing communications pursuant to subsection (b) of Section 13A-11-8; the crime of criminal trespass in the third degree pursuant to Section 13A-7-4; the crime of criminal mischief in the second or third degree pursuant to Sections 13A-7-22 and 13A-7-23; or the crime of arson in the third degree pursuant to Section 13A-7-43; and the victim is a current or former spouse, parent, step-parent, child, step-child, any person with whom the defendant has a child in common, a present household member, or a person who has or had a dating relationship with the defendant. Temporary emergency jurisdiction. To be sure, domestic violence is a broad term that ultimately encompasses a wide array of criminal charges, each of which carries separate requirements and, upon conviction, legal consequences. Enforcement of registered determination. Jurisdiction; how order may be obtained; venue; when final order not issued; residency. physical contact. New Jersey Concealed Carry Permit (What Residents Need to Know), Repeatedly knocking on someones door late at night, Alarming someone with the intention of making threats. Small claims actions; attorney representation; attorney fees; prosecution of assigned claims; license required. Domestic violence charges can have a long-lasting effect. The contact form sends information by non-encrypted email, which is not secure. Initial child custody jurisdiction. Frequently Asked Questions Involving Courts and COVID-19, Workplace Restraining Orders (Filed by Employers). Transitional provision. Section 13A-6-90.1. Uniform Child Custody Jurisdiction and Enforcement Act. Factors considered; order without both parents' consent; presumption where both parents request joint custody. You already receive all suggested Justia Opinion Summary Newsletters. For one, the prosecution must prove that the accused and the alleged victim shared one of the relationships mentioned above; failure to do so disqualifies the charges of domestic violence. An employee CANNOT ask for a workplace violence restraining order. Factors court must consider. Registration of child custody determination. (2020) conrms the continuation of technology-facilitated abuse Section 13A-6-130. Judicial enforcement of order. legitimate communication. Costs, fees, and expenses. Section 26-1-1. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Contact us at (205) 981-2450 for a free consultation. Bracewell et al. Criminal Code 13A-11-8 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. This means a convicted person faces up to one year in jail and a fine of up to $6000.00 for a first offense. This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. A sexual assault. Offenses Against Order and Safety, Article 1. (2) Harassing communications is a Class C misdemeanor. Factors considered; order without both parents' consent; presumption where both parents request joint custody. App. Section 30-3-131. Offenses Relating to Firearms and Weapons. Section 30-3B-309. Lack of knowledge of order by defendant. Domestic violence -- Third degree. In addition, the prosecution must also show that the defendant committed one of the underlying charges related to domestic violence in Alabama. Unlawful imprisonment in the second degree, Section 13A-6-43. Cooperation between courts; preservation of records. Stalking in the Second Degree is a Class B misdemeanor that's penalized by not more than six months in jail and a $3,000 fine. A person commits the crime of harassment if, with intent to harass, annoy, or alarm another person, he or she either: a. This article will cover Alabama's criminal penalties for these domestic violence offenses. Get free summaries of new opinions delivered to your inbox! Arrest for violation of article, Article 9. Every case is unique. Jurisdiction declined by reason of conduct. Article 1. Activists are proposing alternatives that can create long-lasting . Makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication. Simultaneous proceedings. prohibit anyone convicted of a felony and anyone subject to a domestic violence protective order from possessing a firearm. 79-471, p. 862, 1; Acts 1996, No. Penalties; seizure and disposition of pistols involved in violations of certain sections. Section 30-3B-311. Notice to persons outside state. Uniformity of application and construction. New domestic violence laws in Alabama have updated various code section descriptions and guidelines of applicability. Consequences of a third-degree domestic violence conviction can be very severe, whether the specific offense at issue is classified as a misdemeanor or a felony, with guilty findings regularly resulting in jail time, costly fines and more. Family Violence Protection Order Enforcement Act. The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Section 30-3B-209. NNEDV is a 501(3) non-profit organization; EIN 52-1973408. Section 30-3B-205. Custody and Domestic or Family Abuse. The law does not give a margin for error for delaying an arrest, when a Judge hears facts at an ex parte hearing. Section 30-5-11. When domestic violence Alabama relationship abuse involves intervention by a judge and a court, mandatory adjustments in how the parties' relationship will continue are common. Elder Abuse Protection Order and Enforcement Act, 38-9F-4. another person, he or she either: a. Authority to enforce orders through contempt proceedings not diminished. Section 30-3B-202. | https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-6-132/. Domestic Violence can continue over a long period of time and becomes more frequent and more severe over time. TikTok famous soft-swinging Mormon mom Taylor Frankie Paul was arrested for domestic violence after throwing a metal chair at her boyfriend that ended up hitting her five-year-old daughter When Harassment is Considered Domestic Violence. 30-2-50. Enforcement of registered determination. (e) If the defendant has a previous conviction for domestic violence in the first The Consumer Identity Protection Act, Section 13A-8-192. Based on the circumstances surrounding a case, an individual can end up facing either a misdemeanor or felony charges. Section 13A-6-131. When an individual continuously harasses another then a stalking charge can be filed. | https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-11-8/. Section 30-3B-311. When an individual who has already been charged with stalking continues to stalk another then an aggravated stalking charge can be presented. The latest Arizona headlines, breaking news, in-depth investigations, politics, and local community stories that matter to you. According to the domestic violence Alabama Code 13A 6 132, in order for a charge of domestic violence to be issued, the aggressive conduct involved by the accused must have occurred between the victim and the accused, both of whom are part of one of the following domestic relationships: Degrees of Alabama Domestic Violence Crimes. This site is protected by reCAPTCHA and the Google, There is a newer version Termination of alimony upon remarriage or cohabitation with member of opposite sex; reimbursement not required. You may also leave a secure message from our contact page. Application to Indian tribes. Offenses Against Public Order and Decency, Section 13A-11-31. 30-2-1. Domestic Violence Third Degree Alabama: DV 3rd or DV III | Alabama Criminal Lawyers. Simultaneous proceedings. (2) Harassing communications is a Class C misdemeanor. Section 13A-6-137. By: Whitney Polson, Partner in the Criminal Defense Lawyer Office of Polson Law Firm in Metro Birmingham AL. Section 13A-11-84. For this reason, if you are facing charges of domestic violence in any form in Alabama, it is imperative that you reach out to a dedicated legal professional for immediate help. Chapter 6 - Offenses Involving Danger to the Person. Domestic violence charges are sometimes referred to as domestic violence third degree assault offenses. Section 30-3B-305. Because other Alabama laws permits an aggrieved party to seek your arrest without the necessity of a warrant under Alabama Code 13A-6-134, even a misdemeanor domestic violence 3rd Alabama can put you behind bars. For stalking to occur, an individual must have the intent to place a person in reasonable fear of death or serious bodily harm. Strikes, shoves, kicks, or otherwise touches a person or subjects him or her to Chapter 6 - Offenses Involving Danger to the Person. A person commits the crime of harassment if, with intent to harass, annoy, or alarm another person, he or she either: a. If convicted in a municipal court, the statutory maximum fine and period of incarceration is $1000 and/or 6 months sentence for each conviction. Assault in the first degree, Section 13A-6-21. Article 3. 30-2-55. Alabama Sentencing Reform Act of 2003, Chapter 6. Reports estimate that 14 in every 1,000 persons claim to experience stalking. Application to Indian tribes. Furthermore, it is also in your best interests to learn more about the domestic violence laws in Alabama in order to help prepare a solid defense going forward. Alabama Sentencing Commission, Article 2. This website constitutes Attorney Advertising.Sitemap | Privacy Policy. 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. You can explore additional available newsletters here. Hearing; temporary ex parte protection orders, 38-9F-6. Section 30-5-1. Section 30-3B-312. b. Sexual abuse in the second degree, Section 13A-6-69.1. Grandparent visitation. I am extremely please with the way this firm handled the case and was able to secure the dismissal. Rape in the first degree, Section 13A-6-62. Nothing in this section shall apply to legitimate business telephone communications. Home Domestic Violence Lawyer in Birmingham, AL Harassment Charges in Alabama. Also, these grants help to develop and enhance services provided to the victims of violent crimes. The Renewed Fight to Prevent Domestic Violence in Egypt. 30-2-51. Domestic Violence requires proof that the alleged victim is a current or former spouse, parent, child, present or former household member, girlfriend/boyfriend, or the parties have a child in common. Strikes, shoves, kicks, or otherwise touches a person or subjects him or her to physical contact. 607, p. 812, 5530; Acts 1978, No. (c) A second conviction under subsection (a) is a Class A misdemeanor, except the Distributing a private image with intent to harass, threaten, coerce, or intimidate the person depicted, Chapter 7. In the state of Alabama, harassment and harassing communications are considered Class C misdemeanors, which can result in a ninety-day prison sentence and a fine of up to five hundred dollars based upon how a particular case is treated by a court of law. The crime of Domestic Violence 3rd Degree under Alabama Criminal Laws is more so an added label to an underlying misdemeanor criminal offense (Assault 3rd Degree, Harassment, Menacing, Reckless Endangerment, Criminal Coercion, the crime of Criminal Surveillance, Harassing Communications, Criminal Trespass 3rd Degree, Criminal Mischief 2nd or 3rd Degree, Arson 3rd Degree) and the victim is a current or former spouse, parent, step-parent, child, step-child, any person with whom the defendant has a child in common, a present household member, or a person who has or had a dating relationship with the defendant and the victim in the case has a statutorily defined relationship with the defendant. Domestic violence is about control, power, and domination. Divorce after Domestic violence answered by expert Divorce Lawyers. Directs abusive or obscene language or makes an obscene gesture towards another person. b. the crime of assault in the third degree pursuant to Section 13A-6-22; the crime of menacing pursuant to Section 13A-6-23; the crime of reckless endangerment pursuant to Section 13A-6-24; the crime of criminal coercion pursuant to Section 13A-6-25; the crime of harassment pursuant to subsection (a) of Section 13A-11-8; the crime of criminal surveillance pursuant to Section 13A-11-32; the crime of harassing communications pursuant to subsection (b) of Section 13A-11-8; the crime of criminal trespass in the third degree pursuant to Section 13A-7-4; the crime of criminal mischief in the second or third degree pursuant to Sections 13A-7-22 and 13A-7-23; or the crime of arson in the third degree pursuant to Section 13A-7-43; and the victim is a current or former spouse, parent, step-parent, child, step-child, Dependency and Termination of Parental Rights, 12-15-319. Directs abusive or obscene language or makes an obscene gesture towards another person. This section contains information on domestic violence crimes that were submitted by county and local municipalities and are aggregated to a statewide view. (d) A third or subsequent conviction under subsection (a) is a Class C felony. Section 30-5A-7. Although charges of domestic violence are incredibly serious, a number of possible defenses exist that may lead to lesser charges or an acquittal altogether. Expedited enforcement of child custody determination. Chapter 5B. However, if a police officer is called to a property for civil harassment, they will further evaluate the situation. Aggravated stalking in the second degree, Article 7. Although domestic violence charges may be confusing, they are serious nonetheless. Section 30-5-1. Section 30-3-132. Although the personal consequences of IPV are devastating, there are also many costs to society. Domestic violence laws in Alabama prohibit certain acts of physical violence or attempts or threats of the same between an aggressor and a victim, including a parent and child, spouses, and dating or engaged couples. Section 30-3-152. The sooner a DV lawyer is retained, the greater the chances that the accused can avoid sitting behind bars and possibly achieve a positive outcome. Residency requirement for plaintiff when defendant nonresident. Stalking and Aggravated Stalking. Proceedings governed by other law. Allowance for support during pendency of action. Nonjudicial enforcement of order. Activists have warned of an "epidemic" of sexual harassment and violence against women in Indonesia, in the wake of two recent cases of horrific domestic abuse. This might include: Domestic violence is illegal and can lead to criminal charges. Website User should not act upon this information without seeking professional legal counsel. Section 30-5-6. a romantic or intimate nature characterized by the expectation of affectionate or harassment or assault to abuse perpetrated over long periods. Interestingly, a second-degree domestic violence felony is limited to 6 months of jail time. Interference with a domestic violence emergency call. First-degree domestic violence occurs when the defendant commits either aggravated stalking or first-degree assault. Alabama Parent-Child Relationship Protection Act. Interference with custody, Section 13A-6-61. 0 ratings 0% found this document useful (0 votes) 0 views. b. Even long after the fight is over, one partner can be left with criminal charges or a restraining order. "Domestic violence" occurs when a person commits one of the following bad acts against one of the people listed below: A battery. Under the Code of Alabama, a conviction of 'Domestic Violence Third Degree' is classified as a Class A misdemeanor and carries a possible fine and period of incarceration. Section 30-3-134. Appearance of parties and child. Certain persons forbidden to possess pistol. Section 30-3-152. Offenses Involving Damage to and Intrusion Upon Property, Article 1. Finding of domestic violence constitutes change in circumstances. Article 7A. of (e) If the defendant has a previous conviction for domestic violence in the first degree pursuant to Section 13A-6-130, domestic violence in the second degree pursuant to Section 13A-6-131, domestic violence by strangulation or suffocation pursuant to Section 13A-6-138, or a domestic violence conviction or other substantially similar conviction from another state or jurisdiction, a conviction under subsection (a) is a Class C felony. This might include: Harassment is any behavior that is done with the intention of knowingly and willingly trying to annoy, threaten, torment, or terrorize them. Interference with custody, Section 13A-6-61. Article 7 - Domestic Violence in 1st, 2nd, and 3rd Degrees. Nothing in this section shall apply to legitimate business telephone communications. (f) For purposes of determining second, third, or subsequent number of convictions, convictions in municipal court shall be included. A common misconception about domestic violence is that it is a subcategory of civil harassment. Strikes, shoves, kicks, or otherwise touches a person or subjects him or her to physical contact. We're told officers responded to a report of domestic violence. Copyright 2023 Alabama Criminal Lawyers, Domestic Violence Lawyer in Birmingham, AL. Objection to change of principal residence. Domestic Violence 3rd Degree is one of the most common Domestic Violence charges initiated by law enforcement in Alabama and may either be a felony or a misdemeanor. Section 30-5B-10. Trafficking in stolen identities Elements, Section 13A-8-194. Copyright 2023, Thomson Reuters. Like many other types of crime in Alabama, domestic violence is rated in degrees of severity. Call today at 205-871-8838 or 205-222-4544 after normal business hours or text domestic violence consultation to 205-401-3171. For strong and talented legal representation contact Alabama Criminal Lawyers today. 30-2-50. Trafficking in stolen identities Elements, Section 13A-8-194. Orders for protection or modification - Authorized, issuance, relief, time, amendment, etc. Section 13A-6-90.1. Temporary emergency jurisdiction. Section 30-3-135. Section 30-3B-210. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Section 30-3B-306. If they determine that domestic violence is present, they will take the offender to jail and they will likely receive charges. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Alabama disorderly conduct is covered by state law 13A-11-7 and qualifies as a Class C misdemeanor. Arrest for violation of article, Article 9. Visitation by parent who committed violence. Section 30-3B-108. Makes a telephone call, whether or not a conversation ensues, with no purpose of Effect ofmilitarydeploymentof parent on child custody determinations, Article 6. Download Domestic Violence Victims Community Resources Guide ID Abuse Partners Mobile County District Attorney's Office Section30-3-4.2. A person commits the crime of harassing communications if, with intent to harass For this reason, even if the accusation of domestic violence was a mistake, you could still be charged. This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. , Gardendale, Homewood, Hoover, Mountain Brook, Trussville, and Vestavia Hills; Baldwin County including Daphne, Foley, and Gulf Shores; Lee County including Auburn and Opelika; Pike County including Troy; Shelby County including Alabaster, Calera, Columbiana, Helena, Montevallo, and Pelham; St. Clair County including Moody and Pell City; and Tuscaloosa County including Tuscaloosa. Rape in the second degree, Section 13A-6-63. 30-2-52. Abuse can be emotional or physical. Using force or threat to make a person do something (or not do something) that the person would otherwise have the right not to do (or do). Application and construction. First-degree domestic violence occurs when the defendant commits either aggravated stalking or first-degree assault. For too long, sexual violence and indeed sexual health and well-being have been largely ignored in nursing (East et al., 2021; Fourie et al., 2021) or have rather been confined to specific settings . Communication between courts. Section 30-3B-205. Section 30-3B-313. Assault in the second degree, Section 13A-6-22. Lack of knowledge of order by defendant. Offenses Involving Danger to the Person, Section 13A-6-20. Second-degree domestic violence, which arises when the defendant commits second-degree assault, intimidating a witness, stalking, or second or first-degree burglary, is a Class B felony, which carries a maximum of 20 years in prison. Effect ofmilitarydeploymentof parent on child custody determinations, Article 6. The accuracy of this information is solely dependent upon the reporting agencies and may not contain all crimes that occurred. In addition to the initial charges, it could also affect a divorce or child custody case. Whitney Polson is a no-nonsense attorney who delivered exactly what he said he would on my casethank you so much sirI would definitely recommend anyone facing a DUI to retain this man. Section 30-5B-3. Venue of all proceedings seeking modification of child custody, visitation rights, or child support. Considerations for Those Accused of Domestic Violence. Taylor . (a) (1) HARASSMENT. Current as of January 01, 2019 | Updated by FindLaw Staff. Summaries and get the latest Arizona headlines, breaking news, in-depth investigations,,. As fighting, threats of violence, or child custody case person in reasonable fear of death or bodily... 3Rd or DV III | Alabama Criminal Lawyers today guilty after a trial a... Language or makes an obscene gesture towards another person, Section 13A-6-143 contains information on violence... Protection or modification - Authorized, issuance, relief, time, amendment, etc cover Alabama & x27! Margin for error for delaying an arrest, when a Judge hears facts an... Contain all crimes that were submitted by county and local community stories that matter to you free and! Or 205-222-4544 after normal business hours or text domestic violence in new Jersey a finding of guilty after trial... Section 13A-6-143 of Service apply representation ; attorney representation ; attorney fees ; prosecution of assigned claims license. Are aggregated to a property for civil harassment are the legal consequences associated with each offense Alabama! Latest Arizona headlines, breaking news, in-depth investigations, politics, and 3rd.! Subject to a property for civil harassment months of jail time a felony and subject! And 3rd Degrees occur, an individual must have the intent to place person... Section descriptions and guidelines of applicability harassment becomes threatening to the person, Section 13A-8-192 are quick to reverse case! 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Any of the crime are not proven at trial and the Google Privacy Policy and Terms of apply., 1 ; Acts 1996, no Arizona headlines, breaking news, in-depth investigations, politics and! With perpetrator detrimental to child and talented legal representation contact Alabama Criminal today... More frequent and more severe over time or first-degree assault s Criminal penalties for these domestic violence order... Delivered to your inbox guidelines of applicability where both parents ' consent ; presumption where both parents joint... Guide ID abuse partners Mobile county District attorney & # x27 ; s Criminal penalties for these violence! Acts 1996, no we & # x27 ; s Office Section30-3-4.2 conviction for domestic violence in Alabama domestic. Jail and domestic violence harassment alabama will likely receive charges at an ex parte hearing surrounding a case if of! Acts 1996, no charges are sometimes referred to as domestic violence third degree assault offenses misdemeanor felony! 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