WebKansas Statutes 21-5911. 21-5807. If the location is a fixed structure such as a house then the maximum prison time is 34 months or just shy of 3 years. If you enter with permission but then remain without permission its still a burglary. Serving Kansas City (Wyandotte County) Kansas for over 50 years! (A)Subsection (b)(1) is a severity level 4, person felony; and. 21-5808, and amendments thereto, except when such person is entering into or remaining in such premises with the intent to commit a person felony or sexually motivated crime therein. (a) Burglary is, without authority, entering into or remaining within any: (1) (A) Dwelling, with intent to commit a felony, theft or sexually motivated crime therein; or. (B) locked or secured portion of any dwelling in which there is a human being, with intent to commit a felony, theft or sexually motivated crime therein; (2) (A) building, manufactured home, mobile home, tent or other structure which is not a dwelling in which there is a human being, with intent to commit a felony, theft or sexually motivated crime therein; or, (B) locked or secured portion of any building, manufactured home, mobile home, tent or other structure which is not a dwelling in which there is a human being, with intent to commit a felony, theft or sexually motivated crime therein; or. Disclaimer: These codes may not be the most recent version. Burglary as described in subsection (a) is a severity level 7, person felony. WebSee Kansas Statutes 77-201. The homeowner told Daws to leave and Daws complied. This site is protected by reCAPTCHA and the Google, There is a newer version 21-3761, and amendments thereto, or nuclear generating facility as defined in K.S.A. You're all set! You're all set! Universal Citation: KS Stat 21-5807 (2021) 21-5807. (d) As used in this section, sexually motivated means that one of the purposes for which the defendant committed the crime was for the purpose of the defendants sexual gratification. (A) (i)Subsection (a)(1) is a severity level 7, person felony, except as provided in subsection (c)(1)(B); (ii)subsection (a)(2) is a severity level 7, nonperson felony, except as provided in subsection (c)(1)(B); and, (iii)subsection (a)(3) is a severity level 9, nonperson felony, except as provided in subsection (c)(1)(B); and, (B) (i)subsection (a)(1), with intent to commit the theft of a firearm, is a severity level 5, person felony; and. You already receive all suggested Justia Opinion Summary Newsletters. 21-5807. Kansas Supreme Court finds Kan. Stat. This site is protected by reCAPTCHA and the Google, There is a newer version of the Kansas Statutes. The location, or place, of the activity involved will determine the maximum punishment. 64, 3; L. 2016, ch. Under Kansas law, the two primary factors that go into determining punishment of a convicted felon are the severity level of the crime and the defendant's criminal history. The man, Wesley James Tolbert, 26, pleaded guilty in June to one count of aggravated robbery and one count of aggravated burglary for his part in a home robbery [] Get free summaries of new opinions delivered to your inbox! Sprite can leads to aggravated (A) Subsection (a)(1) is a severity level 7, person felony; (B) subsection (a)(2) is a severity level 7, nonperson felony; and. Webwest valley city bulk pick up; zurich airport to lucerne train cost. 90, 3; L. 2017, ch. WebManslaughter: 5 years after the crime. (3)vehicle, aircraft, watercraft, railroad car or other means of conveyance of persons or property in which there is a human being, with intent to commit a felony, theft or sexually motivated crime therein. 66-2302, and amendments thereto, by a person who knows such person is not authorized or privileged to do so, and: (A) Such person enters or remains therein in defiance of an order not to enter or to leave such premises or property personally communicated to such person by the owner thereof or other authorized person; or, (B) such premises or property are posted in a manner reasonably likely to come to the attention of intruders, or are locked or fenced or otherwise enclosed, or shut or secured against passage or entry; or, (C) such person enters or remains therein in defiance of a restraining order issued pursuant to K.S.A. Daws was found guilty in district court and appealed on five points. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. A 12-hour standoff was ongoing Wednesday morning after multiple officers were shot in Kansas City, Missouri, Tuesday night. 60-1607, 60-3105, 60-3106, 60-3107, 60-31a05 or 60-31a06 or K.S.A. The homeowner also noticed two grocery bags containing property that did not belong to him. (1) Is transportable in one or more sections which, in the traveling mode, is 8 body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling, with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein; and, (2) is subject to the federal manufactured home construction and safety standards established pursuant to 42 U. A Kansas man was sentenced to 25 years in prison on 21 felony counts for shooting at police during a 2020 protest over the death of George Floyd. LAWRENCE, Kan. A Lawrence man pleads no contest to charges that stemmed from a shooting that happened in front of Lawrence police. (A) (i) Subsection (a)(1) is a severity level 7, person felony, except as provided in subsection (c)(1)(B); (ii) subsection (a)(2) is a severity level 7, nonperson felony, except as provided in subsection (c)(1)(B); and, (iii) subsection (a)(3) is a severity level 9, nonperson felony, except as provided in subsection (c)(1)(B); and, (B) (i) subsection (a)(1), with intent to commit the theft of a firearm, is a severity level 5, person felony; and. Get free summaries of new opinions delivered to your inbox! History:L. 2010, ch. (a) Burglary is, without authority, entering into or remaining within any: (1) Dwelling, with intent to commit a felony, theft or sexually motivated crime therein; History: L. 2010, ch. Criminal trespass is an unlawful activity in the State of Kansas by virtue of K.S.A. (b) Aggravated burglary is, without authority, entering into or remaining within any building, manufactured home, mobile home, tent or other structure, or any vehicle, aircraft, watercraft, railroad car or other means of conveyance of persons or property in which there is a human being with intent to commit a felony, theft or sexually motivated crime therein. Please check official sources. Aggravated robbery is the same as simple robbery but with the addition of either a dangerous weapon or bodily harm inflicted upon a person in the course of the robbery. A jury on Sept. 20 found Lee Andrew Mitchell Pennington, 34, of Lawrence, guilty of felony aggravated burglary, felony aggravated assault and misdemeanor stalking in a case that relied on surveillance video, Google geofence data and DNA evidence taken from the womans windowsill, as the Journal-World previously reported. (e) This section shall not apply to any person entering into or remaining in a retail or commercial premises at any time that it is open to the public after having received a personal communication from the owner or manager of such premises not to enter such premises pursuant to Kan. Stat. (3)vehicle, aircraft, watercraft, railroad car or other means of conveyance of persons or property, with intent to commit a felony, theft or sexually motivated crime therein. Burglary; aggravated burglary. You already receive all suggested Justia Opinion Summary Newsletters. 22-3015 does not apply to amended indictments from a grand jury. The following persons have been designated to handle inquiries regarding the nondiscrimination policies and are the Title IX coordinators for their respective campuses: Director of the Office of Institutional Opportunity & Access, IOA@ku.edu, Room 1082, Dole Human Development Center, 1000 Sunnyside Ave., Lawrence, KS 66045, 785-864-6414, 711 TTY (for the Lawrence, Edwards, Parsons, Yoder, and Topeka campuses); Director, Equal Opportunity Office, Mail Stop 7004, 4330 Shawnee Mission Parkway, Fairway, KS 66205, 913-588-8011, 711 TTY (for the Wichita, Salina, and Kansas City, Kansas, medical center campuses). Burglary; aggravated burglary. Court documents stated that at trial, Daws admitted he was in the house. 22-3015, Kan. Stat. WebAggravated Robbery. WebUniversal Citation: KS Stat 21-5807 (2016) 21-5807. aggravated burglary Archives - Kansas Law Review Tag: aggravated burglary Leave a Comment Updated on July 18, 2022 Reaching Conviction by Trial and Charge: Aggravated Burglary; Battery x5; Battery on LEO x2; Interference with LEO Bond: $75,000 Brown, Kevin Date Arrested: 02/08/2023 Arresting Agency: Goodland Police Department Charge: Burglary Bond: $50,000 Ceoux, William Date Arrested: 02/13/2023 Arresting Agency: Goodland Police Department Zachary Horyna, 27, was later flown by Eagle Med to a Wichita hospital. Universal Citation: KS Stat 21-5807 (2017) 21-5807. You already receive all suggested Justia Opinion Summary Newsletters. It doesn't require breaking and entering. (ii)subsection (a)(2) or (a)(3), with intent to commit the theft of a firearm, is a severity level 5, nonperson felony. WebKansas Statutes Chapter 21.CRIMES AND PUNISHMENTS Article 1.GENERAL PROVISIONS (Not in active use) Article 2.OFFENSES AGAINST GOVERNMENT (Not in active use) Article 3.SUBVERSIVE ACTIVITIES (Not in active use) Article 4.OFFENSES AGAINST PERSONS (Not in active use) Article 5.OFFENSES The Supreme Court said the last two points were already decided adversely to Daws in other cases. TOPEKA (KSNT) The Topeka Police Department is investigating an aggravated robbery following an 8:35 p.m. call on Monday, Dec. 12. 64, 3; July 1. Rape and aggravated criminal sodomy: no time limit. 150, 19; L. 2013, ch. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. (b) Aggravated burglary is, without authority, entering into or remaining within any: (1) Dwelling in which there is a human being, with intent to commit a felony, theft or sexually motivated crime therein; (2) building, manufactured home, mobile home, tent or other structure which is not a dwelling in which there is a human being, with intent to commit a felony, theft or sexually motivated crime therein; or. 21-5807. This site is protected by reCAPTCHA and the Google, There is a newer version of the Kansas Statutes. 62, 4; May 18. (A) (i)Subsection (a)(1) or (a)(2) is a severity level 7, nonperson felony, except as provided in subsection (c)(1)(B); and, (ii)subsection (a)(3) is a severity level 9, nonperson felony, except as provided in subsection (c)(1)(B); and, (B) (i)subsection (a)(1), with intent to commit the theft of a firearm, is a severity level 5, person felony; and. 2010, ch. In light of the uncontroverted testimony that Daws spent a day inside the victims home before the homeowner returned, the remaining within means of committing aggravated burglary was the appropriate charge, the Supreme Courts majority opinion, written by Justice Dan Biles, stated. If its is a car or other means of transport, the maximum prison time is 17 months. Updated: Feb 28, 2023 / 05:04 PM CST. Sign up for our free summaries and get the latest delivered directly to you. (3)vehicle, aircraft, watercraft, railroad car or other means of conveyance of persons or property in which there is a human being, with intent to commit a felony, theft or sexually motivated crime therein. (A) Subsection (b)(1) is a severity level 4, person felony; and. Police arrested one person Thursday morning following an aggravated burglary that evolved into a police chase overnight. Updated: Feb 28, 2023 / 05:04 PM CST. (A)Subsection (b)(1) is a severity level 4, person felony; and. WebBurglary; aggravated burglary. Vehicular homicide: 5 years after the crime. Sexual battery is a class A person misdemeanor, subject to imprisonment for a definite term in county jail not to exceed one year, and a fine not to exceed $2,500. Burglary; aggravated burglary. 2017 Supp. Michael C. Daws challenged his conviction of aggravated burglary in Wyandotte County District Court. Disclaimer: These codes may not be the most recent version. Webthis crime? Kansas Statutes Chapter 21. You're all set! (a) Burglary is, without authority, entering into or remaining within any: (1)Dwelling, with intent to commit a felony, theft or sexually motivated crime therein; (2)building, manufactured home, mobile home, tent or other structure which is not a dwelling, with intent to commit a felony, theft or sexually motivated crime therein; or. Reaching Conviction by Trial and Error: Amending Grand Jury Indictments, disturbing or possession with intent to distribute, Giving Credit Where Credit is Due: Defendants are Entitled to All Time Served on Concurrent Sentences for Consolidated Cases. Police found a cache of the stolen goods tied to the burglarized properties at his Wichita home when he was caught, a department spokesman said at the time. Burglary, assault arrest; Snow returns Tuesday USD men blow past Kansas City News / 2 days ago. (3)vehicle, aircraft, watercraft, railroad car or other means of conveyance of persons or property, with intent to commit a felony, theft or sexually motivated crime therein. Adjourned until Monday, January 11, 2021 at 02:00 p.m. 150, 19; L. 2013, ch. (a) Burglary is, without authority, entering into or remaining within any: (1)Dwelling, with intent to commit a felony, theft or sexually motivated crime therein; (2)building, manufactured home, mobile home, tent or other structure which is not a dwelling, with intent to commit a felony, theft or sexually motivated crime therein; or. WebThe Kansas statutes define aggravated burglary as: Knowingly and without authority entering into or remaining within any building, manufactured home, mobile home, tent or (b)Aggravated burglary is, without authority, entering into or remaining within any: (1)Dwelling in which there is a human being, with intent to commit a felony, theft or sexually motivated crime therein; (2)building, manufactured home, mobile home, tent or other structure which is not a dwelling in which there is a human being, with intent to commit a felony, theft or sexually motivated crime therein; or. You already receive all suggested Justia Opinion Summary Newsletters. Stephen Marlow, 39, was arrested in Kansas Saturday night following a multistate manhunt after four people were killed in Butler Township, a small town north of Dayton, authorities said. Criminal trespass is a class B misdemeanor punishable by a maximum of six months in the county jail. 64, 3; L. 2016, ch. 136, 93; L. 2012, ch. You can explore additional available newsletters here. The court also overruled the line of cases that the earlier Daws decision relied on. DeLeon had convictions for aggravated robbery, criminal possession of a firearm, aggravated assault, burglary and obstruction.-photo KDOC. Burglary; aggravated burglary. Aggravated burglary is made an unlawful activity persuant to K.S.A. You can apply online at https://www.kansaslegalservices.org/node/online-application or call 800-723-6953 The decision is online at www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2016/20160219/108716.pdf. Shes a mom of three and loves to read in her non-work time. 64, 3; L. 2016, ch. 21-3716 which defines the crime as knowingly and without authority entering into or remaining within any building, manufactured home, mobile home, tent or other structure, or any motor vehicle, aircraft, watercraft, railroad car or other means of conveyance of persons or property in which there is a human being, with intent to commit a felony, theft or sexual battery therein. WebIn the state of Kansas, robbery is a level 5 felony offense, and aggravated robbery is a level 3 felony offense. 136, 93; L. 2012, ch. He testified he saw someone kick in the front door, followed that person inside, and then stayed for a night because he thought the house was abandoned, court documents said. Indiana Petition for Waiver of Reinstatement Fee, U.S. Code > Title 18 > Part I > Chapter 103 - Robbery and Burglary, U.S. Code > Title 18 > Part I > Chapter 105 - Sabotage, U.S. Code > Title 18 > Part I > Chapter 113 - Stolen Property, U.S. Code > Title 18 > Part I > Chapter 31 - Embezzlement and Theft, California Codes > Penal Code > Part 1 > Title 13 - OF CRIMES AGAINST PROPERTY, Connecticut General Statutes > Chapter 941 - Offenses Against Private Property, Florida Statutes > Chapter 812 - Theft, Robbery, and Related Crimes, Florida Statutes > Chapter 818 - Sale of Mortgaged Personal Property; Similar Offenses, Florida Statutes > Chapter 832 - Violations Involving Checks and Drafts, Illinois Compiled Statutes > Chapter 720 > Offenses Against Property, Missouri Laws > Chapter 569 - Arson, Burglary, Trespass, and Related Offenses, Missouri Laws > Chapter 570 - Robbery, Stealing and Related Offenses, New York Laws > Penal > Part 3 > Title I - Offenses Involving Damage to and Intrusion Upon Property, Tennessee Code > Title 39 > Chapter 14 - Offenses Against Property, Texas Penal Code > Title 7 - Offenses Against Property. Aggravated sexual battery is a severity level 5, person felony, subject to imprisonment for a term of 50, 52, or 55 months, and a fine not to exceed $300,000. Ann. Politicians who want to appear to be tough on crime must factor in the cost of incarceration to the taxpayers at over $18,000 per year per Defendant. If the door is unlocked and you enter without permission, its still a burglary. TOPEKA, Kan. (WIBW) - Shawnee Co. deputies need help to identify three suspects in a recent aggravated burglary. You're all set! (ii) subsection (a)(2) or (a)(3), with intent to commit the theft of a firearm, is a severity level 5, nonperson felony. See Kansas Statutes 77-201. News WebAggravated burglary is knowingly and without authority entering into or remaining within any building, manufactured home, mobile home, tent or other structure, or any motor vehicle, aircraft, watercraft, railroad car or other means of conveyance of persons or property in which there is a human being, with intent to commit a felony, theft or JOHNSON COUNTY, Kansas ( KCTV) A woman has been sentenced for her role in the death of a 2-year-old in Merriam, Kansas, in 2020. Burglary as described in subsection (c) is a severity level 9, nonperson felony. You're all set! A burglary charge is sometimes nothing more than an inflated case of criminal trespass where the defendant was in a place he had no permission to be, but no crime took place beyond that. From Staff Reports Feb 11, 2023 Feb 11, 2023 0 Staff Reports A call about a burglary led to a Maryville man being charged with kidnapping Thursday, Feb. 9. Universal Citation: KS Stat 21-5807 (2017) 21-5807. (b)Aggravated burglary is, without authority, entering into or remaining within any: (1)Dwelling in which there is a human being, with intent to commit a felony, theft or sexually motivated crime therein; (2)building, manufactured home, mobile home, tent or other structure which is not a dwelling in which there is a human being, with intent to commit a felony, theft or sexually motivated crime therein; or. 21-5807.Burglary; aggravated burglary. (3) vehicle, aircraft, watercraft, railroad car or other means of conveyance of persons or property, with intent to commit a felony, theft or sexually motivated crime therein. Ann. Daws testified he never intended to take any property.. Kansas may have more current or accurate information. (a) Burglary is, without authority, entering into or remaining within any: (1) Dwelling, with intent to commit a felony, theft or sexually (a) Burglary is, without authority, entering into or remaining within any: (1) Dwelling, with WebUniversal Citation: KS Stat 21-5807 (2012) 21-5807. (ii) subsection (a)(2) or (a)(3), with intent to commit the theft of a firearm, is a severity level 5, nonperson felony. 38-2243, 38-2244 or 38-2255, and amendments thereto, and the restraining order has been personally served upon the person so restrained; or. (3)vehicle, aircraft, watercraft, railroad car or other means of conveyance of persons or property, with intent to commit a felony, theft or sexually motivated crime therein. (d)As used in this section, "sexually motivated" means that one of the purposes for which the defendant committed the crime was for the purpose of the defendant's sexual gratification. Web21-5807 Burglary; aggravated burglary. (b)Aggravated burglary is, without authority, entering into or remaining within any: (1)Dwelling in which there is a human being, with intent to commit a felony, theft or sexually motivated crime therein; (2)building, manufactured home, mobile home, tent or other structure which is not a dwelling in which there is a human being, with intent to commit a felony, theft or sexually motivated crime therein; or. Web21-5807 Burglary; aggravated burglary. Burglary; aggravated burglary. Burglary; aggravated burglary. Daws confirmed Ramos found him inside the next day and that he left when asked. Get free summaries of new opinions delivered to your inbox! 150, 19; L. 2013, ch. 64, 3; L. 2016, ch. WebAggravated Assault Defined A felony in Kansas, aggravated assault is an assault that is committed: with a deadly weapon while disguised in a manner designed to conceal Ann. The robbery You already receive all suggested Justia Opinion Summary Newsletters. (e)This section shall not apply to any person entering into or remaining in a retail or commercial premises at any time that it is open to the public after having received a personal communication from the owner or manager of such premises not to enter such premises pursuant to K.S.A. Aggravated burglary. Sign up for our free summaries and get the latest delivered directly to you. (2)subsection (a)(1), (a)(2) or (a)(3) with the intent to commit the theft of a firearm is a severity level 5, nonperson felony. WebIn Kansas, burglary is classified as a felony and has penalties of 17 months to over 14 years in prison. When the property being burglarized is inhabited by a 90, 3; L. 2017, ch. Web28-year-old arrested for burglary, aggravated assault News / Feb 27, 2023 / 12:02 PM CST. PRAIRIE VILLAGE, Kan. Police in Prairie Village are investigating after a man broke into a house and fought with a homeowner Thursday afternoon. Burglary; aggravated burglary. (a) Burglary is, without authority, entering into or remaining within any: (1)Dwelling, with intent to commit a felony, theft or sexually motivated crime therein; (2)building, manufactured home, mobile home, tent or other structure which is not a dwelling, with intent to commit a felony, theft or sexually motivated crime therein; or. In a split decision, with three justices dissenting, 90, 3; L. 2017, ch. WebIf you are facing burglary charges in Kansas, contact our Olathe defense attorneys today. Get free summaries of new opinions delivered to your inbox! The WebThe Kansas Supreme Court today reversed a decision concerning a Wyandotte County man convicted of aggravated burglary. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. The dissenting opinion from Justice Marla Luckert today stated: Not only do I disagree with the majoritys reasoning that led to those decisions, I am troubled the law surrounding burglary and aggravated burglary becomes more confused under the majoritys rationale.. 21-3721, which is set forth below: (1) Entering or remaining upon or in any land, nonnavigable body of water, structure, vehicle, aircraft or watercraft, other than railroad property as defined in K.S.A. Burglary. (b)Aggravated burglary is, without authority, entering into or remaining within any building, manufactured home, mobile home, tent or other structure, or any vehicle, aircraft, watercraft, railroad car or other means of conveyance of persons or property in which there is a human being with intent to commit a felony, theft or sexually motivated crime therein. (a) Burglary is, without authority, entering into or remaining within any: (1) (A) Dwelling, with intent to commit a felony, theft or sexually motivated crime therein; or. 21-5808, and amendments thereto, except when such person is entering into or remaining in such premises with the intent to commit a person felony or sexually motivated crime therein. This site is protected by reCAPTCHA and the Google, There is a newer version of the Kansas Statutes. Retaliation is also prohibited by university policy. WebTime will tell what eventually happens with the Murdock decision. WebKansas authorities charged a Wichita man Wednesday in the sexual assault and burglary of a 100-year-old woman during a break-in at her home. Aggravated burglary can be defined as a level 5 person crime which involves a maximum punishment of 136 months [or 11 years and 3 and 3 months]. 2019 Supp. Please check official sources. Criminal Trespass. Available Help You may be able to get FREE help from a Kansas Legal Services attorney for your expungement! Since the jury was only instructed on the entering into means of committing aggravated robbery and the victim was not present when Daws entered the residence, we hold there was insufficient evidence to sustain the aggravated burglary conviction and reverse that conviction.. of (B) subsection (b)(2) or (b)(3) is a severity level 5, person felony. (a) Burglary is, without authority, entering into or 150, 19; L. 2013, ch. Burglary; aggravated burglary. (A) (i) Subsection (a)(1) is a severity level 7, person felony, except as provided in subsection (c)(1)(B); (ii) subsection (a)(2) is a severity level 7, nonperson felony, except as provided in subsection (c)(1)(B); and, (iii) subsection (a)(3) is a severity level 9, nonperson felony, except as provided in subsection (c)(1)(B); and, (B) (i) subsection (a)(1), with intent to commit the theft of a firearm, is a severity level 5, person felony; and. (C) subsection (a)(3) is a severity level 9, nonperson felony. WebDecember 20, 2020 properties of light ppt grade 8 on aggravated burglary kansas properties of light ppt grade 8 on aggravated burglary kansas The homeowner had been in the process of moving out, entered the home and found Daws inside, court documents stated. Aggravated burglary is a level 5 person felony which carries a maximum punishment of 136 months (or 11 years and three and a third months.). 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With the Murdock decision of Kansas, contact our Olathe defense attorneys today with Murdock! Universal Citation: KS Stat 21-5807 ( 2017 ) 21-5807 after a man into. Person felony ; aggravated burglary kansas by virtue of K.S.A our Olathe defense attorneys today in court. Pm CST permission its still a burglary court documents stated that at trial, Daws admitted he was the... Leave and Daws complied suggested Justia Opinion Summary Newsletters ; L. 2013, ch officers were shot in Kansas burglary. A recent aggravated burglary aggravated burglary kansas on Monday, Dec. 12 authority, into..., robbery is a level 3 felony offense no time limit.. Kansas may have more current or information. Feb 27, 2023 / 12:02 PM CST or 150, 19 ; L. 2017, ch Opinion. Deleon had convictions for aggravated robbery, criminal possession of a 100-year-old during! 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