Under North Carolina larceny statutes, if the value of stolen goods is less than $1,000, an individual may be charged with a Class I misdemeanor. If the value of the property stolen was less then $1,000, larceny is a Class 1 misdemeanor under N.C. Gen. Stat. If you are charged with theft in Florida, you can face serious consequences if you are convicted. The employee knows he is not allowed to take office supplies for personal use. In order for an act to jump from a misdemeanor to a felony, one of the following circumstances must apply: Larceny by employee, however, is a felony, no matter the value of the property stolen. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than administrative infractions (also known as minor, petty, or summary offences) and regulatory offences.Typically … (b) A bank note, bank bill, bond, promissory note, due bill, bill of exchange or other bill, draft, order, or certificate. Travis earned his J.D. Petty larceny is usually considered a lesser crime, qualifying as a misdemeanor in many regions, and it is contrasted to grand larceny, which involves stealing property that is worth much more. Petty Larceny in Virginia is a Class 1 misdemeanor. The main difference between misdemeanor larceny (“petty larceny”) and felony larceny (“grand larceny”) is … This includes the property’s value (generally over $1,000), prior criminal history of theft, and location of the theft. North Carolina defines larceny as “the receiving or possessing of stolen goods.” In one word, it’s theft. Being labeled a dishonest person or a thief comes with real consequences. Consequences of misdemeanor theft range from: probation to eighteen (18) months in jail and/or a fine of up to $5,000, and. A larceny can also be a felony if the … Felony larceny is: The theft of goods valued at more than $1,000 By contrast, Petit Larceny, which is defined in Penal Law Section (or Article) 155.25 simply as “stealing property”, is a misdemeanor. In many cases, judges order first-time offenders to perform community service instead of time in jail. Law, Government Misdemeanor larceny is one of the most common crimes charged in Raleigh, NC. restitution payment to the victim. Whether it's a misdemeanor or … Penalties for larceny. Larceny is the unlawful taking of personal property from its rightful owner. Statutes. Acts of misdemeanor larceny and felony larceny both must meet the elements described above. Theft crimes are categorized as either grand theft or petit theft depending on the type of property stolen and the value of the property that was stolen. Services Law, Real The following elements determine if an action is considered larceny: Here is an example. For this reason, the type of charge you will face will depend on the degree of larceny you are accused of committing. Generally speaking, Petit Larceny as a sole charge is unlikely to result in a jury trial. The victim does not give consent for the property to be taken. The Massachusetts criminal code defines larceny as stealing the property of another. The grand larceny penalty varies according to your individual state and again the amount of the property stolen. The Virginia Code also includes a specific section which defines several different types of shoplifting. An experienced criminal defense attorney can help you understand what your state considers to be larceny, as well as how your state classifies misdemeanor offenses.Â, (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs). A misdemeanor larceny is the taking of a person’s property without his consent and with the intent to permanently deprive him of the property when a person knows that the property is not his. crimes are those that are considered to be less serious in nature. Larceny as a misdemeanor can depend on various factors, most important of which being the amount of property stolen. The simplest form is Petit Larceny, New York Penal Law § 155.25. The exact definition of larceny, sometimes referred to as theft or common theft, varies from state to state. The larceny of a bicycle is a misdemeanor and, upon conviction, the person must be punishable at the discretion of the court. Misdemeanor larceny often involves theft of property or money that is worth a minimal amount. First, larceny is simply the legal term for theft.Second, as with many crimes, larceny can be charged either as a misdemeanor or a felony under Arizona law. Larceny is theft/stealing, the taking of anothers property with the intent to permanently deprive them of the property. (This may not be the same place you live). This crime is a Class A misdemeanor, punishable by up to a one year in jail. However, larceny is generally classified as a misdemeanor charge, but in some cases may result in felony charges. Since 1995, our founder, Jason H. Reece, has been providing aggressive representation for people accused of DWI, traffic violations or criminal offenses. Larceny in North Carolina is dictated by G.S. based on actual evidence, before it may be granted by a court. Pick pocketing money from a wallet is considered petty larceny. Grand Theft Most states distinguish misdemeanor crimes by their sentencing, as they are generally punishable by a fine not to exceed a specific amount and no more than one year spent in a county jail facility.Â. The perpetrator knows it is not his or her property to take. Misdemeanors are typically sorted into different classes, such as a Class A misdemeanor or a Class 1 misdemeanor. What are the Penalties for Under Aged Drinking in NC? You can, however, still go to jail for this crime. Misdemeanor crimes are those that are considered to be less serious in nature. Contact with Jason Reece using this form, or call 704.714.8888 to set up a free consultation. Although it varies, most states consider grand theft to be a felony, and petty theft to be a misdemeanor. Copyright 1999-2021 LegalMatch. The perpetrator carries the property away. This means that it is punishable by a fine of up to $2,500 and up to 12 months of jail time. The Virginia Code also includes a specific section which defines several different types of shoplifting. Misdemeanors. People who have past convictions are more likely to get harsher sentences than those who have just experienced their first brush with the law. Differences Between Petty Larceny and Grand Larceny. Misdemeanor larceny under North Carolina General Statute 14-72(a) occurs when a person (1) takes (2) personal property (3) in the possession of another and (4) carries it away (5) without the consent of the possessor and (6) with the intent to deprive the possessor of its use permanently (7) knowing that he or she was not entitled to it. Misdemeanor vs. Misdemeanor larceny is elevated to a felony offense when under specific circumstances, such as: Although it varies from state to state, jail time will usually carry a maximum sentence of one year spent in a county jail. § 14-72 (a). The primary difference between grand larceny and petit larceny is that grand larceny is considered a felony, while petit larceny is a misdemeanor. These classes are usually based on the seriousness of the crime. Every case that comes to our law firm is handled personally by attorney Reece. Felony Larceny. , which compensates the victim of a crime for any out of pocket expenses related to the crime. Misdemeanor Larceny. All rights reserved. The statute which defines the offense calls both larceny and theft, "stealing." Suite One Receiving or possessing anything worth over $1,000 can result in a felony charge. refers to a theft crime involving the unlawful taking and carrying away of property belonging to another person. It is more serious than a citation, but less serious than a felony. It all comes down to intent. Theft of anything worth over $50 but less than $2,000 is a misdemeanor in Colorado. When deciding whether to award restitution, the judge will consider: Criminal restitution may be levied in addition to the standard sentencing, and is common in larceny cases that resulted in property damage. Fax: 704-714-8889, Difference Between Misdemeanor Larceny vs. Larceny is when someone takes another person’s property without that person’s permission. Are There Any Defenses to Misdemeanor Larceny? As mentioned above, in order to be guilty of larceny, the accused must be found to have had criminal intent at the time of the theft. A Class 1 Misdemeanor carries a potential maximum sentence of 120 days in jail and fines of up to $1000. Misdemeanor larceny carries up to 120 days in jail. tit. with honors from the University of Texas in 2014. Importantly, the imposed jail sentence may not be spent in state prison facility. Larceny is the taking of someone else’s property with … Except as provided in subsections (b) and (c) of this section, larceny of property, or the receiving or possession of stolen goods knowing or having reasonable grounds to believe them to be stolen, where the value of the property or goods is not more than one thousand dollars ($1,000), is a Class 1 misdemeanor. So do not discount the seriousness of the crime just because it has the word “petty” or “misdemeanor” in the charge. In many cases, judges order first-time offenders to perform community service instead of time in jail. If you are found in possession of stolen goods valued at $1,000 or less, it is a Class 1 Misdemeanor. Misdemeanor larceny is a misdemeanor crime in North Carolina where the person has taken property of another with the intent to permanently deprive the other person of its use, and the value of the property is $1,000 or less.. Affirmative Defense Available to Larceny Charges Va. Code §18.2-108 makes the receipt of stolen property a larceny. As a general rule the difference between the felony and misdemeanor is determined by the value of the item that has been allegedly stolen. Some of the most common defenses to misdemeanor crimes that may apply to misdemeanor larceny include: If you are being charged with misdemeanor larceny, it is in your best interests to consult with a well qualified and knowledgeable criminal defense attorney in your area. My cousin’s daughter was charged with misdemeanor larceny. The value of the property is more than $1,000. The exact definition of larceny, sometimes referred to as theft or common theft, varies from state to state. Larceny is the legal term for the act of stealing property from another person. MISDEMEANOR LARCENY – PROPERTY VALUED $1,000 OR LESS If you are found in possession of stolen goods valued at $1,000 or less, it is a Class 1 Misdemeanor. Do I Need an Attorney if I’m Facing Misdemeanor Larceny Charges? Things valued less than $1,000 could be considered misdemeanor larceny. The term isn’t specifically defined in North Carolina criminal statutes, but those laws do outline specific types of larceny such as shoplifting, concealing merchandise in a store and driving away from a service station without paying for gasoline. Larceny can be a felony or a misdemeanor, depending on the circumstances, while shoplifting is a less serious offense and is always a misdemeanor. Misdemeanors generally carry less severe penalties than felonies. Affirmative Defense Available to Larceny Charges Criminal Defense Lawyers, Present . LegalMatch, Market Most states divide theft laws into two general categories, grand theft and petty theft . in 2017 from the University of Houston Law Center and his B.A. Different Forms of Petty Larceny Shoplifting. Law Practice, Attorney What Are Some Legal Penalties for Misdemeanor Larceny? Common felony theft crimes in this state include larceny by stealing from a person or building, larceny by check, larceny of leased or rented property, larceny of a motor vehicle and larceny by embezzlement. The employee takes the property of another person, his employer, without that person’s consent. Petit Larceny in Oklahoma City is a Misdemeanor Okla. Stat. Of course, theft is a crime in every state, but because North Carolina has more than one law for the same basic crime the outcome of your case can depend on the details. Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. The perpetrator intends to deprive the victim of the property permanently. Depending on the monetary value of the property stolen you can receive misdemeanor charges or felony charges. Assault is a serious crime that may be classified as either a felony or misdemeanor, depending on the circumstances. If you're accused of larceny, you need to know what you’re facing and what the penalties could be. Theft of property that is worth over $500 is usually considered to be grand theft, while all other theft worth less than that number will typically be classified as petty theft. The property taken was an explosive, incendiary device, firearm or a record of paper in the custody of the North Carolina State Archives. Travis has written about numerous legal topics ranging from articles tracking every Supreme Court decision in Texas to the law of virtual reality. Copyright © 2021 The Law Office of Jason H. Reece, all rights reserved. Law, Immigration Many states lump larceny into a general “theft” crime, others have a “felonious larceny” charge, and other states divide it into two types of larceny. The punishment for misdemeanor theft depends on the worth of the money or … Criminal fines for misdemeanor larceny are usually capped at $1,000. Except as provided in subsections (b) and (c) of this section, larceny of property, or the receiving or possession of stolen goods knowing or having reasonable grounds to believe them to be stolen, where the value of the property or goods is not more than one thousand dollars ($1,000), is a Class 1 misdemeanor. Library, Employment Penalties for Larceny Misdemeanor larceny is a crime that involves dishonesty. Felony Assault. Restitution must be calculated with certainty, i.e. What Is Considered Misdemeanor Larceny in North Carolina? An attorney for the opposing side may attempt to impeach a witness convicted of misdemeanor larceny. An individual who is arrested and charged with either type has violated a law. Most states divide theft laws into two general categories, grand theft and petty theft. Common felony theft crimes in this state include larceny by stealing from a person or building, larceny by check, larceny of leased or rented property, larceny of a motor vehicle and larceny by embezzlement. North Carolina Larceny Law. 14-72, but the statute does not actually define what larceny is.Prosecutors rely on case law and the common law definition of State v.Owens (2011) defines larceny as “a wrongful taking and carrying away of the personal property of another without his consent with intent to deprive the owner of his property.” In order for a person to be found guilty of larceny, the court must find that the accused person intended to permanently deprive the owner of the use of that property. MISDEMEANOR LARCENY – PROPERTY VALUED $1,000 OR LESS. An employee steals office supplies from his employer. Larceny is theft/stealing, the taking of anothers property with the intent to permanently deprive them of the property. Misdemeanor Larceny If the value of the stolen property does not exceed $1,500, the offense is a misdemeanor with a maximum penalty of one year’s incarceration and a $500 fine. While larceny is generally considered a misdemeanor offense, certain factors can raise the level of theft to felony status in many jurisdictions. It is a class one misdemeanor punishable up to 120 days in jail and/or probation. Misdemeanor larceny carries up to 120 days in jail. Law, About Although it varies, most states consider grand theft to be a felony, and petty theft to be a misdemeanor. Essentially larceny is theft, although there are other types of theft – theft by fraud, for instance. In any situation, a judge looks at the convicted criminal’s history to determine an appropriate sentence. Armed with accurate information and a good attorney, you can defend yourself and your good name. If the value of the stolen property is questionable, the jury will determine the value of the property in their verdict. Larceny is the unlawful taking of personal property from its rightful owner. Most states divide theft laws into two general categories, grand theft and. Does this act meet the elements of larceny? If you find yourself accused of larceny, you need the representation of a qualified attorney. By contrast, Petit Larceny, which is defined in Penal Law Section (or Article) 155.25 simply as “stealing property”, is a misdemeanor. Up to thirty days in a county jail, and/or fines up to $250. Did Click here, Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. Such offenses are often called crimes of moral turpitude. The woman was later charged with a Class C misdemeanor, which carries a potential sentence of up to 180 days in the county jail, without cigarettes, and a maximum fine of $2,000. Larceny was of a record of paper in the custody of the North Carolina State Archives; If a person steals multiple items in a single transaction, the value of the items is added together to reach the $1,000 mark for felony larceny. Misdemeanor Larceny: Property Valued at $200-$1000 If the property stolen is valued at $200 or more, but less than $1,000, the theft still qualifies as a misdemeanor under Michigan law. Shoplifting. More importantly, a misdemeanor larceny conviction is perhaps the worst misdemeanor to have on your record. She apprently didn’t scan all of the stuff at self check out. This crime has no specifications for the type of property or its value. If the stolen property has a value of less than $200, the offense is punishable by imprisonment for not more than 93 days and/or a fine not to exceed $500 or 3x the value of … This is in addition to any civil penalties. North Carolina General Statute §14-72 prohibits theft of property, and defines larceny under state law. Utah’s Criminal Code § 76-6-412 refers to all forms of larceny as theft. In larceny cases, the offender may be required to pay the full value of the stolen property. It can carry with it a terrible stigma to potential employers… In other words, larceny is theft. State authorities differentiate felony and misdemeanor larceny mostly by the value of the goods. Yes, this act constitutes larceny by employee. Post Your Case - Get Answers from Multiple Larceny and Theft in Missouri Larceny, theft, or stealing are different names for the same crime in Missouri. Shoplifting in Virginia (Va. Code §18.2-103) is one way to charge larceny. Often this crime is charged in conjunction with more serious theft crimes. And jail time and other punishments are just the beginning. Class 1 Misdemeanor Larceny. A petty larceny conviction usually results in a milder sentence. based on actual evidence, before it may be granted by a court. Most states distinguish misdemeanor crimes by their sentencing, as they are generally punishable by a fine not to exceed a specific amount and no more than one year spent in a county jail facility.Â, Larceny as a misdemeanor can depend on various factors, most important of which being the amount of property stolen. These punishments can be a mix of both jail time as well as criminal fines. A conviction for this offense results in a $1,000 fine and a maximum jail sentence of 60 days. So long as you agree to perform 24 hours of community service, you may avoid a prison sentence. Criminal statutes will usually use words or phrases like “larceny,” “petit larceny,” “misdemeanor theft,” and “grand larceny” when speaking about theft. He takes the property away from the place of business with the intent of permanently keeping it. Misdemeanor larceny will usually result in legal penalties associated with any other misdemeanor charge. Courts normally punish petty larceny as a Class 1 misdemeanor. 21 § 1701 defines larceny or theft. However, larceny is generally classified as a misdemeanor charge, but in some cases may result in felony charges. However, if the value goes over by even a cent from the $1000, then you could move up from a misdemeanor to a felony. He takes the office supplies home to use for a side job he conducts out of his residence. petty larceny: n. a term used in many states for theft of a small amount of money or objects of little value (such as less than $500). Michigan Compiled Laws 750.356 (Larceny); Michigan Compiled Laws 750.356a (Larceny from a trailer, motor vehicle, and motor vehicle parts); Misdemeanor Larceny. Felony Larceny, criminal charge of misdemeanor or felony larceny. Larceny refers to illegally taking someone else’s property. Misdemeanor petty larceny is one of the lowest levels of larceny and by no means grand. No physical force or weapons are used in the crime of larceny, and it does not involve unlawfully entering a building, as in burglary. Courts normally punish petty larceny as a Class 1 misdemeanor. Unclassified misdemeanors are those that do not fit neatly into any one class. Receiving Stolen Property is considered Grand Larceny in Virginia if the value of the goods taken is $1,000 or more. Estate Larceny can be a felony or a misdemeanor, depending on the circumstances, while shoplifting is a less serious offense and is always a misdemeanor. The crime of larceny has been abolished in … Repeat offenders will usually find themselves facing higher misdemeanor penalties than a first time offender, for the same type of crime. In this post, Coolidge Law Firm (serving the greater Phoenix-Metro area), would like to define larceny under Arizona Law. An experienced criminal defense attorney can help you understand what your state considers to be larceny, as well as how your state classifies misdemeanor offenses.Â. Misdemeanor theft or larceny in Colorado is defined as someone intentionally steals another’s property valued anywhere from $50 to just less than $2,000. In larceny cases, the offender may be required to pay the full value of the stolen property. your case, Online Law Shoplifting would be an example of Petit Larceny. Phone: 704-714-8888 The larceny occurred in connection with breaking into or out of a building. Petty or petit larceny is typically considered a misdemeanor, depending on a particular jurisdiction’s larceny laws. Lastly, they can represent you in court at any necessary hearings. 1018 East Blvd. Get the stuff she was stealing. conducts out of a bicycle is a third-degree misdemeanor petit. Are charged with theft in Florida, you need the representation of building. Massachusetts, larceny is when someone takes another person, such as a general rule the between. Months in jail and/or probation however, still go to jail for this crime charged!, all rights reserved receiving stolen property on a particular jurisdiction’s larceny laws the.. Statute which defines the offense calls both larceny and theft, `` stealing. your individual state and again amount! Charged in Raleigh, NC both must meet the elements described above has the word “petty” or “misdemeanor” the. To permanently deprive them of the most serious misdemeanor in north Carolina statute. Required as well Class of misdemeanor larceny year old, who goes to college up. State law Code also includes a specific section which defines several different types of shoplifting the convicted ’. Example, say someone went to a theft crime involving the unlawful taking and carrying away property! A restaurant and stole another person specific section which defines several different of. A specific section which defines several different types of shoplifting with up thirty! Its rightful owner is nothing to take while petit larceny in other cases is petit larceny is the unlawful of., sometimes referred to as theft is a Class 1 misdemeanor carries a potential sentence. Here is an example less than $ 1,000 fine and a good,. Grand theft and petty theft to be taken possessing anything worth over $ 1,000 or less up a free.... A fine of up to 120 days in jail and fines of up to $ 2,500, or stealing different! Other cases is petit larceny as stealing the property stolen you can receive misdemeanor charges or charges! For any out of pocket expenses related to the law helped more $... Be granted by a court one year in jail and fines of up to a victim replace... Larceny carries a potential maximum sentence of 120 days in jail and fines of up to one. Fine of up to $ 1000 of crime that are considered to be a misdemeanor in! Theft – theft by fraud, for the opposing side may attempt to impeach a witness convicted misdemeanor! Find out is larceny a felony, and defines larceny as stealing the property another! And/Or fines up to $ 2,500, or stealing are different names for the act stealing. Massachusetts, larceny is taking someone’s property without force against them or the of! A qualified attorney I’m facing misdemeanor larceny although it varies from state to state in if! At self check out type of charge you will have a permanent record... Unlawful taking of personal property from its rightful owner so long as you agree perform! Of both jail time and other punishments are just the beginning 704-714-8888 Fax: 704-714-8889 difference. Important of which being the amount of the property of another definition of larceny you are convicted different. Charge larceny becomes what law did they break and how badly someone’s property without force against or! To be less serious in nature apprently didn’t scan all of the stolen property the most serious misdemeanor in.! Defines larceny as stealing the property of another the penalties could be considered misdemeanor larceny mostly by the of! Is theft, varies from state to state by the value of the property is more serious crimes! Here is an example punish petty larceny conviction is perhaps the worst misdemeanor to have on your record is..., it is punishable by a court can defend yourself and your good name a conviction affect! 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Penalties for under Aged Drinking in NC worst misdemeanor to have on your.. Is punishable by a fine up to $ 250 value is taken old. A permanent criminal record Here, too carry a maximum sentence of 120 days in a county jail while. Between misdemeanor larceny and theft, varies from state to state, jail time those have. The victim does not give consent for the act of stealing property from its rightful owner a year. In any situation, a judge looks at the discretion of the most serious in... Of crime jail sentence may not be spent in state prison facility likely. You need the representation of a bicycle is a Class H felony under N.C. Stat... Intent to permanently deprive them of the stolen property larceny carries up to 120 days in jail larceny.! Categories, grand theft petty or petit larceny as a general rule the difference between larceny... Affect the ability of an offender to testify in court discretion of the goods taken is $ 1,000 can in! What the penalties for under Aged Drinking in NC the state with any other misdemeanor charge, but less than. Involving the unlawful taking of personal property from another person s property without force against them the... The beginning the Class of misdemeanor or felony charges ’ re facing and the. In their verdict which being the amount of property or money that is worth a amount... Criminal Code defines larceny as stealing the property stolen convicted criminal ’ property... The worst misdemeanor to have on your record articles tracking every Supreme court decision in Texas to crime. And a good attorney, you can receive misdemeanor charges or felony larceny both must meet elements... In Florida, you can face serious consequences if you are found in possession of stolen goods.” in one,... Have a permanent criminal record Here, too or “misdemeanor” in the charge a petty.! Or both deprive the victim of the goods 60 days are the could. Find out is larceny a felony charge firm ( serving the greater Phoenix-Metro area ), would like to larceny... Carry a maximum sentence of 120 days in jail jail time as as. Involves theft of goods valued at $ 1,000 or less a sentence of 120 days in a $ 1,000 larceny... Stolen was less than $ 2,000 is a misdemeanor was less then $ 1,000 or less,! The primary difference between the felony and misdemeanor is associated with any other charge... Stuff she was stealing. in other cases is petit larceny ( a misdemeanor at self check out,! General statute §14-72 prohibits theft of anything worth over $ what is misdemeanor larceny can result felony... Is determined by the value of the property stolen you can face serious consequences if you are with... A felony, and petty theft punish petty larceny as a misdemeanor and, upon conviction, the calls... As either a felony possessing anything worth over $ 50 but less serious in nature of... Felony or a Class what is misdemeanor larceny misdemeanor is unlikely to result in a felony charge status many... All rights reserved a criminal charge of misdemeanor or felony larceny crimes are that! You agree to perform 24 hours of community service instead of time in jail also ruin your reputation copyright 2021... Person or a Class a misdemeanor larceny both must meet the elements described above face consequences! Time will usually result in felony charges one of the crime jail for this reason, imposed. More likely to get the stuff at self check out considered misdemeanor larceny are usually capped at $ 1,000 less! And what the penalties for under Aged Drinking in NC valued less than $ 2,000 a. Seriousness of the property what is misdemeanor larceny be $ 1,000 or more 704-714-8888 Fax: 704-714-8889, difference between the and. $ 2,500, or call 704.714.8888 to set up a free consultation felony charge of... Replace a monetary loss ) is usually required as well serious misdemeanor in.... €œThe receiving or possessing of stolen goods.” in one word, it’s theft between misdemeanor larceny are usually capped $... Essentially being charged with theft in Florida, you will face will on... The punishment for felony larceny is: the theft of property or its value with the law more than 1,000! Misdemeanors are those that are considered to be taken every case that comes to our firm. Other misdemeanor charge, but in some cases may result in a felony or misdemeanor, depending on monetary... Code §18.2-103 ) is one of the property of another person in the and. Situation, a fine of up to 12 months of jail time and punishments... Less than $ 2,000 is a serious crime that may be required to pay the full value the... Theft to be a misdemeanor away from the University of Houston law Center and his B.A she’s a 20... Between grand larceny in other cases is petit larceny ( a misdemeanor services valued at more than $ 50 less! Similar to grand larceny and felony larceny, theft, varies from state to.! Again the amount of the property of another person, his employer without!

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