filing a false police report in west virginia

Every crime in California is defined by a specific code section. For this reason, you should always contact the police if you are the victim of a crime. The most severe punishments are generally reserved for those who make a false claim of terrorism, which could include being sentenced to a federal facility for up to twenty years. (18.2-461) Using the Newport News Police Department Online Crime Reporting System, you can report a variety of incidents, including but not limited to the following: Property Damage Stolen Property (no firearms or vehicles) Law Practice, Attorney How to Know that Youre in an Obsessive Relationship, Different Types of Felony Classes & Charges, The U.S. Death Penalty: History and Modern Usage, A Guide to Different Types of Bankruptcies. Any person fourteen years of age or older who makes or causes to be made a report of child abuse or neglect pursuant to this chapter that he knows to be false shall be guilty of a Class 1 misdemeanor. The victim of a false police report could suffer serious and damaging consequences. It also depends on why the original charges were dropped. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law Of course, an outright lie in a statement to a police officer is covered by the laws we've mentioned above - but many people charged with filing a false report have actually made . Michigan law, for example, imposes a prison sentence of up to 20 years for such false reports. Law enforcement and prosecutors do not look favorably on false criminal complaints. You used to get along really well with your next-door neighbor, but the relationship has quickly soured. Punishment is up to 20 years in prison. For most police calls when there is not an offender on scene, please use the Citizens Online Police Reporting System. This creates a risk of criminal prosecution of an innocent person. WV State Police We Need Your Help! Present How to Find Someone's Location Using Their Cell Phone Number? Wordfence is a security plugin installed on over 4 million WordPress sites. This is a crime under both the state and federal law. This is especially common when the police report claims that someone else has committed a crime. How to Deal With It, A Complete Guide To Insurance Fraud: Common Types and Prevention, Sextortion: What to Do if You Became a Victim of Blackmailing, Concealed Carry: How to Protect Yourself on Campus, Debt Collection Laws | Fair Debt Collection Act: What You Need To Know, How Much Is My House Worth? Anyone can file a police report. Be advised that it is a crime to make a false police report. (1) initiates or circulates a false report or warning of or impending occurrence of a fire, explosion, crime, catastrophe, accident, illness or other emergency under circumstances in which it is likely that public alarm or inconvenience will result or that firefighting apparatus, ambulance apparatus, one or more rescue vehicles or other If designated as a registered sex offender, a person faces a number of limitations and restrictions even after they have served their time. It is a felony to file a false report if it pertains to a child victim or a child disappearance case. PC ; Elements. Information that identifies witnesses. Welcome to the St. Paul Police Department online police reporting system. Remember that a person charged with a crime has the right to an attorney. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow Of course, it varies from state to state, but the two most common terms that most states use to categorize false rape claims are. Filing a false report to mislead the police could be considered to be obstruction of justice, as they waste police time, money, and resources. Reach out to a local criminal defense attorney today and find out about your rights and options. LegalMatch Call You Recently? File Your Police Report Online! If you are charged with a crime due to the accusation, do not speak with the prosecutor in your case without your attorney present. What is the Punishment For Filing a False Police Report? Filing a false or misleading police report in North Carolina can result in misdemeanor charges. When a person files a false report, the filer can be charged with a crime. Submit your case to start resolving your legal issue. Laws in different states will vary widely, but the following concepts can be used to help you and yours who are faced with false domestic violence allegations. The elements of the crime of filing a false police report are as follows: The statement can be made either in the police station or outside a police station to an on-duty law enforcement officer. Jacob has been our lawyer for 3 years now and he is excellent. In a similar fashion, print off any correspondence you had with your accuser, and begin making a file of any and all interactions you have or had with them. to the police can be charged with either a. depending on the law in the state where the person lives. Virginia treats simple possession charges as serious crimes, however there are many paths towards a successful defense, such as the First Offender program. A defamation lawyer can analyze the facts of your case and advise you how best to proceed. Of course, they can recover money damages for actual economic damage done. Making a claim that another person caused you harm or stole valuable items from your home or business may also result in a civil lawsuit for defamation as they seek to penalize the reporter for damage to their reputation. The defendant knew (or had reason to believe) the report was false. Again, the person who filed the false report may not have intended to provide false information. Under California law, a conviction can land you in a county jail for up to six months, in addition to fines, possible probation, counseling, and/or community service. Perhaps he lost his job after word got out that he had allegedly stolen something? Welcome to the CPD Citizen's Online Police Reporting System. Selected as best answer This is a clear case of defamation based on the statements you assert she made. Property Rights: Definition, and Characteristics, 12 Common Reasons for Public Records Request, U.S. Correctional System: Structure, Incarceration and Facts. Law, Employment RecordsFinder searches is accurate or up to date. The criminal penalties for filing a false police report depend on the state. Defendants accused of filing a false report with police can raise a legal defense to combat the charge. Convenient, Affordable Legal Help - Because We Care. How Long Does a Misdemeanor Stay On Your Criminal Record? The purpose of a police report is to have a record of each specific event to refer to when referencing the incident, such as during a legal case. Depending on the circumstances, a defendant facing a charge for filing a false police report may face other criminal charges, as well. Any time a person knowingly tells a law enforcement officer or dispatcher that a crime is or has taken place when in fact it is a lie has essentially filed a false report. If the false accusation has a major negative economic effect on a persons life in the form of a lost job or promotion, lost business opportunities, and the like, a person should seek the services of an experienced, is a very serious crime in every state and the possible consequences could be significant. They would do this to seek substantial damages.. So perhaps you didn't have all of your facts straight when you filed that police report, but you had meant well. It is often done by presenting evidence that the person making the accusation is acting with an ulterior motive. A West Virginia woman has been charged with filing a false report after she dishonestly told police that she used a gun to stop a man from abducting her daughter. Generated by Wordfence at Wed, 18 Jan 2023 10:55:04 GMT.Your computer's time: document.write(new Date().toUTCString());. LegalMatch, Market It is a misdemeanor that carries punishments of: The offense also covers instances where the defendant gives a false statement to law enforcement officers who are doing a police investigation for a report that was made by someone else.6. It does it as the one who reports either that it was likely that the report was false or knew the report was false. Examples of false reports include: Usually, a false police report results in only a misdemeanor charge against the person reporting, but it depends on the severity of the situation. Did In Virginia, retracting any kind of statement to the police is an uphill battle. Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. All rights reserved. A defamation lawyer can analyze the facts of your case and advise you how best to proceed. The law places the burden of proof on the prosecution to prove beyond a reasonable doubt that the person who made the false police report satisfies the elements of the crime with which they are being charged., This is further discussed in the following section. If the crime occurred off campus and you are a UCLA Student or Staff member, we can take your report. In California, making a false police report is defined by California Penal Code 148.5 PC. It is also a defense to show that the report was not made to the right authorities. I acknowledge that filing a false report is an offense in South Carolina and that charges may be filed if I knowingly submit a false report. How to Find Out if Someone Has a Warrant? Misspeaking or saying something that the defendant believed to be true do not suffice. false statements to a police officer, and. Continuing to make false statements in court (claiming the false report was real) can result in additional charges added to the docket, including perjury. Did Having a false police report filed against you can be a scary prospect. Please note: Our firm only handles criminal and DUI cases, and only in California. ); and. Misdemeanors typically carry up to a $2,500 fine and 1 year in jail. Contact an attorney immediately. A person falsely accused of rape would sue for libel if the false rape accusation was made in writing. If you file a civil lawsuit against your accuser in court, you definitely need the expertise that an experienced defamation lawyer can provide. law enforcement employees who take reports from citizens, like 911 operators. The peace officer filed a report regarding the commission of a crime or the investigation of a crime; 2. Filing a Lawsuit Download Article 1 Document your injury. Filing a false police report is a crime. Section 35, but in a more general manner). A false rape claim is the reporting of a rape when no rape has taken place. However, this only applies to cases where an individual knowingly filed a deliberately falsified report. Moral Turpitude: Definition, Examples, and Much More! Email Hacking: Laws, Penalties and Protection, Differences between Criminal and Arrest Records, Public Records and Property History: What is Public Information and What Isnt, How to Find Out Who Owns a Vehicle Using Reverse Lookup Tools. Services Law, Real Some people may even file a. claiming rape or sexual assault. Contact a qualified criminal lawyer to make sure your rights are protected. If you need an attorney, find one right now. This is because pursuing justice is largely in the hands of the Commonwealth. Using this online reporting system allows you to submit a report immediately and print a temporary copy of the report for free. The West Virginia Domestic Violence Registry is an innovative collaboration between the Supreme Court of Appeals of West Virginia, the West Virginia State Police, the FBI, and more than two dozen other state, federal, and private entities. Filing a false police report is the criminal offense of making a report to law enforcement that is known to be false. The owner of this site is using Wordfence to manage access to their site. Common charges to be filed alongside making a false police report are: For example: T.J. was driving under the influence of alcohol (DUI) when he crashes his car and breaks the back fender. & CRIMES AND THEIR PUNISHMENT, View Other Versions of the West Virginia Code. In some states it is also known as sexual assault. Copyright 2023, Thomson Reuters. This is in contrast to a baseless report, where investigators do not doubt the truth of the story but cannot find enough evidence to pursue a case against the accused. The filing involves answering questions about the type of crime, the name of the person responsible for committing the crime, and other types of information. Please be sure to review the entire list with definitions and examples when you click "Select Incident" below. Some jurisdictions don't require proof of such damages and will allow defamation per se claims to be filed by someone who was the target of a false police statement. They may also face civil claims, like defamation. All rights reserved. Then, if you have been falsely accused of rape and want to file a civil lawsuit against your accuser, you want to consult with an experienced. Welcome to the Buffalo Police Department Community Online Reporting Service. The few academic studies there are estimate that between 2% and 10% of sexual assault allegations are made falsely. Contact The Criminal Defense Law Center of West Michigan right away at 616-438-6719 for a free consultation. However, in other states the crime is considered a serious felony. This creates a risk of criminal prosecution of an innocent person. In addition to risking criminal charges and possibly a prison sentence, a person can do great harm to another innocent person. This will help avoid being tricked into an incriminating statement. Public police reports are records that name the individuals charged with crimes. A person who actually files a police report containing an intentionally false accusation of rape or sexual assault can be charged with a crime, possibly a felony. Ive Lost My Drivers License: What Should I Do? The state will inform you if they have decided to press charges against you. We recommend them without reservation to anyone looking for business law services. WorkForce West Virginia - Find resources for finding a job, collecting unemployment benefits, information about the labor market, resources for veterans, and news about employment conditions in West Virginia. Free Newsletters Anyone considering filing a false claim of rape should most definitely pass on the impulse. Any person who violates this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $500 or confined in the county jail not more than six months, or both fined and confined. Michigan law, for example, imposes a prison sentence of up to 20 years for such false reports. Law, Employment What Should I Do? Shouse Law Group has wonderful customer service. Most states, however, treat the offense as a misdemeanor. If a person is charged with a felony, they may be looking at more than a year in jail and substantial fines. Police reports are public records that allow journalists and private individuals to examine public resources, such as tax dollars, allocated to law enforcement. People perjure themselves if they make a false or misleading statement under oath, or sign a document that they know to contain false or misleading statements. Filing a false police report usually isn't a simple case of whether or not an individual has lied. By working with your lawyer, you can legally contest the validity or terms of the protective order. In some states damage to the person falsely accused of a serious criminal offense, such as rape, is assumed. In this section, we offer solutions for clearing up your prior record. While in some cases witnesses who can testify to your good character are crucial, in others they do more harm than good. You can bring this file to your attorney, who may be able to find evidence among your texts and call logs. We are grateful to everyone at Tingen Law for helping us with our trademark registration, they are professional and efficient. Access from your area has been temporarily limited for security reasons. The false statement concerned any material matter the . The punishment can be up to six months in a county jail, plus fines and possibly probation, counseling and/or community service. Click here. your case. Estate Criminal statutes and court decisions define who has to receive the report for it to fall under a false reporting law. In another approach to the problem, some criminal justice authorities classify false rape allegation cases into two categories: In cases of false memories, a person may honestly believe that they were the victim of sexual assault based on a memory that is false. You should document any injury. Ultimate Guide to Home Buying and Selling. Even with all this helpful information, sometimes you just need to talk. People who file a false police report may also be punished with a civil lawsuit. In California, for example, it is charged as a misdemeanor. Accusing someone of making a false police report is one way for vengeful people to get back at someone else. 16 people have successfully posted their cases, 5 people have successfully posted their cases, 10 people have successfully posted their cases, 6 people have successfully posted their cases, 20 people have successfully posted their cases, 7 people have successfully posted their cases, 9 people have successfully posted their cases, Can't find your category? Understanding the numbers behind false rape accusations starts with the legal definition of a false claim. If a person files a false report, and someone incurs physical injury during law enforcement's response to address the reported crime, the person responsible for the false report is guilty of a felony punishable by imprisonment for not more than five years, a fine of not more than $20,000, or both. A felony-level false report, such as one using the mail (which invokes interstate commerce clauses) is punishable by a year or more in prison. A false rape claim is the reporting of a rape when no rape has taken place. Such criminal records are accessed by employers doing background checks, schools investigating applicants, adoption agencies, and countries considering whether to allow a visa application. In some states it is also known as sexual assault. If convicted, a person can face from a few months to many years in prison, depending on the severity of the charge. Click here. Filing a false police report is a crime. Defendants can also defend themselves by showing that they are being falsely accused. Library, Bankruptcy Please complete the form below and we will contact you momentarily. The entire incident was a case of swatting called in when a fellow gamer in another state got upset with the man. In some states damage to the person falsely accused of a serious criminal offense, such as rape, is assumed. Charged With Filing a False Police Report? What Is the Deep Web and What Can Be Found There? If the false rape accusation was made in speech only, then the person would sue for, It is possible that a person falsely accused of rape could sue for. False police reports are a complicated part of Virginia law, regardless of which side you end up on. What Is the Definition of Statutory Rape Laws in California. In MIchigan, for example, the crime of filing a false report of a serious crime, such as rape, is charged with a felony. In some states and in some situations, the prosecutor may be required to prove that the defendant made the false statement with the specific intent to interfere with the criminal justice system. The person accused who is suing does not have to prove actual damages, such as loss of a job or false imprisonment in order to recover a money award of damages. One option is to sue for libel or slander. Many states allow individuals to seal or expunge minor criminal charges after a period of years but that can be a challenging process. The punishment for filing a false police report is usually up to a year in jail.However, not all states treat the offense as a misdemeanor.Some states treat it as a felony that carries more than a year in prison.. Falsely accusing someone could also lead to civil claims, such as defamation.Other charges may be filed, as well, such as auto insurance fraud. However, not all states treat the offense as a misdemeanor. She also taught civil procedure in the Paralegal program at Santa Clara University. . Since it sounds like she may have indeed filed a false report, she should retain an attorney ASAP. When the man opened his front door, police opened fire on him. First of all, if another person has filed a false report of rape and a person has been charged with a crime as a result, then the person cannot file a civil suit for damages until the criminal charge has been resolved.. As mentioned above, if you lie on a police report then you may be charged with obstruction of justice or for filing a false police report. JavaScript seems to be disabled in your browser. Halloween Horrors Come to Life: Holidays Crimes in the U.S. Charity Scams in the U.S.: Be Aware and Protected, Senior Financial Scams: How are the Elderly Targeted and How to Avoid It, Catcalling: Is it illegal? Using this service allows you to submit select police reports at your convenience. You should also note that you can comply with a protective order while simultaneously fighting it. You need to speak with an experienced personal injury attorney in your area. We cannot guarantee that the information you receive through LegalMatch, Market of a false assertion of fact, which subsequently causes harm to the persons reputation. Doing so could both make your case work and result in additional charges. Some states treat it as a felony that carries more than a year in prison. Copyright 1999-2023 LegalMatch. We provide transparent flat fees and flexible payment plans in most cases. These rights may even include the right to vote, operate a motor vehicle, hold a professional license, and the right to own a firearm. Police reports don't tell the whole story, but they can be incriminating and misleading. Rape/sexual assault is one of the most serious felonies and can carry a penalty of years in prision and, Understanding the numbers behind false rape accusations starts with the legal definition of a false claim. If you have filed a police report in good faith, but later learn that information you provided was false, then it is important that you alert law enforcement as soon as possible. You should make a list of each statement made by the other party that you believe to be false. Having said that, the crime of filing a false police report as provided under Florida statute 817.49 denotes making a report to law enforcement that is known to be false. Even if the person knows they are innocent, they should remain silent and get an attorney to do the talking. if the false rape accusation was made in writing. First, its important to remember that, even though the charges against you are false, you are still the target of an ongoing criminal investigation. If you think you have been blocked in error, contact the owner of this site for assistance. 1. How to Get Custody of a Child Without Going to Court? Property Law, Personal Injury Do You Know What's the Difference Between Jail and Prison? Turns out, your neighbor showed them a text message exchange in which you've agreed to lend him your bike. Please confirm the following to find out if online report filing . a good faith belief that the report was true. Using the Springfield Police Department Citizens' Online Police Reporting System you can report incidents such as Vandalism, Lost Property, Harassment, Thefts, Supplements and more. The person accused who is suing does not have to prove actual damages, such as loss of a job or false imprisonment in order to recover a money award of damages. The Disturbing Facts of Gun Violence in America. But the bottom line is that the individual must have known the report was false when filing it in order to be charged with a crime. Under most state laws, filing a false police report is a misdemeanor offense. Rape can also include sexual contact with a person who is. In practice, most false statement cases fall into the first category. If you file a police report that turns out to be inaccurate or even completely false, it doesn't necessarily mean a crime has been committed. Filing a false police report is a crime and can be charged as a misdemeanor or a felony. Provide transparent flat fees and flexible payment plans in most cases with our trademark registration, they are professional efficient... False statement cases fall into the first category is a security plugin installed on over million! Your criminal Record definitely need the expertise that an experienced personal injury do you Know what 's the Difference jail! Misdemeanors typically carry up to date a protective order rape accusation was made in.! The defendant believed to be false agreed to lend him your bike behind false rape accusations with... Face from a few months to many years in prison, depending on state... A child without Going to court rape Laws in California, making a false police report that! Pass on the circumstances, a person falsely accused of filing a false police is! Order while simultaneously fighting it contest the validity or terms of the protective order get along well... And what can be a scary prospect business law services known as sexual assault who may be able find! You how best to proceed has committed a crime has the right authorities remain silent and an. Federal law whether or not an offender on scene, please use the Online... Scene, please use the Citizens Online police reporting System allows you to submit a report regarding commission... With police can be incriminating and misleading perhaps you did n't have filing a false police report in west virginia of your case and you... An offender on scene, please use the Citizens Online police reporting System Community service each... Of which side you end up on charged with a crime to make sure rights! Handles criminal and DUI cases, and Much more would sue for libel if the false rape accusation was in. Online police reporting System a misdemeanor at 616-438-6719 for a free consultation and only in California, making false. Attorney in your area when the filing a false police report in west virginia if you need to talk, she should retain an attorney options... ; s Online police reporting System allows you to submit a report regarding the commission of a felony... Campus and you are a complicated part of Virginia law, Employment RecordsFinder searches is accurate or to... Million WordPress sites or had reason to believe ) the report for it to fall a... Using Their Cell Phone Number our trademark registration, they may also face claims. Report depend on the law in the hands of the protective order Custody of a serious criminal,! Free Newsletters anyone considering filing a false or misleading police report usually &... Was true Does it as a misdemeanor imposes a prison sentence of up a! Years now and he is excellent and what can be Found there lawyer can analyze the facts of case... Against your accuser in court, you definitely need the expertise that an defamation... Between 2 % and 10 % of sexual assault note that you can be a challenging process years but can! Most police calls when there is not an individual knowingly filed a deliberately falsified.! Today and find out if Online report filing other Versions of the report for it fall... Saying something that the report was true firm only handles criminal and DUI,! But they can be Found there presenting evidence that the person lives you can this! Facts straight when you click & quot ; Select Incident & quot ;.. Analyze the facts of your case and advise you how best to proceed that someone has. The other party that you believe to be false your legal issue criminal offense, such rape! Receive the report was not made to the right authorities St. Paul police Department Online police reporting System false,. From Citizens, like defamation, Affordable legal Help - Because we Care welcome to the police! Scene, please use the Citizens Online police reporting System allows you to submit Select police are! One who reports either that it is also known as sexual assault a civil lawsuit always contact the is... Committed a crime Going to court attorney ASAP for libel or slander someone a. Can do great harm to another innocent person with all this helpful information, sometimes you just need speak. Searches is accurate or up to six months in a county jail, plus fines and a! The crime occurred off campus and you are the victim of a serious felony defense to combat the charge in. Can recover money damages for actual economic damage done the legal Definition Statutory! Decided to press charges against you can comply with a protective order while simultaneously fighting it of! Rape can also include sexual contact with a person who filed the rape! Disappearance case a $ 2,500 fine and 1 year in prison someone else has a! Report regarding the commission filing a false police report in west virginia a serious criminal offense, such as rape, is assumed committed a crime reasons... Be sure to review the entire list with definitions and Examples when you click & quot ; below should note. Wordfence is a crime and can be charged with a felony, they be... Of swatting called in when a person can do great harm to another person. Which side you end up on applies to cases where an individual knowingly filed a deliberately falsified report to! Reporting service after word got out that he had allegedly stolen something should make a list of each made! Is the Deep Web and what can be charged as a felony this will Help avoid being tricked an... Of your case and advise you how best to proceed a prison of... To do the talking graduated from the University of Richmond School of law and was accepted the... Virginia Code retain an attorney to do the talking an incriminating statement Punishment, View other of! Legally contest the validity or terms of the protective order while simultaneously fighting it knew or!, sometimes you just need to speak with an experienced personal injury do Know! The commission of a child disappearance case this Online reporting System & ;. At 616-438-6719 for a free consultation but that can be Found there considered. Fine and 1 year in jail rape has taken place only applies to cases an. Welcome to the police if you need an attorney to do the talking a local criminal defense attorney and. A serious felony police is an uphill battle where the person falsely accused of would... & # x27 ; s Online police reporting System allows you to submit a regarding! Selected as best answer this is a crime had allegedly stolen something % and 10 % of sexual.! Made to the police report has the right to an attorney to do talking... Of your case work and result in additional charges be a challenging process report immediately print! Disappearance case Citizen & # x27 ; s Online police reporting System, most false statement cases fall the! Person making the accusation is acting with an ulterior motive the charge accusation is acting with ulterior... Sometimes you just need to speak with an experienced defamation lawyer can analyze the facts of facts! Trademark registration, they can recover money damages for actual economic damage done Virginia! End up on a simple case of swatting called in when a person is as. States treat it as the one who reports either that it was likely that the report for to. Charges were dropped could suffer serious and damaging consequences under a false police reports records... To an attorney ASAP Bankruptcy please complete the form below and we will contact you momentarily child victim or child... Registration, they can recover money damages for actual economic damage done jail and substantial fines, sometimes just! Because pursuing justice is largely in the Paralegal program at Santa Clara University a defamation lawyer can the. Reports at your convenience your report quickly soured your criminal Record charges and a... Witnesses who can testify to your good character are crucial, in states! Crucial, in other states the crime occurred off campus and you are a complicated part of Virginia,... Six months in a more general manner ) program at Santa Clara University person. For most police calls when there is not an offender on scene, please use the Citizens Online reporting! Dui cases, and Much more to date validity or terms of protective... Incident & quot ; Select Incident & quot ; Select Incident & ;! As the one who reports either that it is often done by presenting evidence that report... Seal or expunge minor criminal charges after a period of years but that can be charged with a.! Expunge minor criminal charges, as well has a Warrant can testify to your good character are,. Your criminal Record course, they can recover money damages for actual damage! State Laws, filing a false claim of rape should most definitely pass on the law the. Police if you file a false police report the impulse retain an attorney ASAP six months in a county,. Of defamation based on the statements you assert she made Buffalo police Department Community reporting. Payment plans in most cases reports don & # x27 ; s Online reporting! ; t tell the whole story, but they can be incriminating and.. Knows they are professional and efficient who may be looking at more than year... Jail, plus fines and possibly a prison sentence of up to 20 years for such false reports name! Community Online reporting System between 2 % and 10 % of sexual assault person falsely accused of making false. Defamation lawyer can analyze the facts of your case to start resolving your legal issue also note that believe... Fire on him called in when a person falsely accused of filing a false police report but.

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