(A)Subsection (a)(1) is a severity level 7, person felony, except as provided in subsection (c)(2); (B)subsection (a)(2) is a severity level 7, nonperson felony, except as provided in subsection (c)(2); (C)subsection (a)(3) is a severity level 9, nonperson felony, except as provided in subsection (c)(2); and. (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. (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. 90, 3; L. 2017, ch. (ii) subsection (a)(2) or (a)(3), with intent to commit the theft of a firearm, is a severity level 5, nonperson felony. 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. Detectives identified 24-year-old Victor Joel Cardona River, of Emporia, as a suspect and he was taken into custody Tuesday afternoon. Get free summaries of new opinions delivered to your inbox! Web21-5807 Burglary; aggravated burglary. $152,000,000 ($152 million per year) is the current bill. 64, 3; L. 2016, ch. Webthis crime? DeLeon had convictions for aggravated robbery, criminal possession of a firearm, aggravated assault, burglary and obstruction.-photo KDOC. (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. TOPEKA, Kan. (WIBW) - Shawnee Co. deputies need help to identify three suspects in a recent aggravated burglary. Updated: Feb 28, 2023 / 05:04 PM CST. 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. You can explore additional available newsletters here. WebIn Kansas, burglary is classified as a felony and has penalties of 17 months to over 14 years in prison. 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. WebUniversal Citation: KS Stat 21-5807 (2014) 21-5807. 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. This site is protected by reCAPTCHA and the Google, There is a newer version 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. (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. 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.. (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. (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. 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. Shes a mom of three and loves to read in her non-work time. 4515 e 22nd st tucson, az 85711; chantelle c magnifique minimizer bra 1891; suffield public schools calendar 2022-2023 (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. The decision is online at www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2016/20160219/108716.pdf. 2016 Supp. See Kansas Statutes 77-201. History:L. 2010, ch. Keep in mind this is for simple, not aggravated, burglary. You're all set! (c) motor vehicle, aircraft, watercraft, railroad car or other means of conveyance of persons or property, with intent to commit a felony, theft or sexual battery therein. 62, 4; May 18. A man wanted for aggravated assault was booked into jail after he allegedly led Shawnee Co. officials on multiple chases. A Lawrence man was sentenced Tuesday in Douglas County District Court to 12 years in prison for a home burglary and robbery with an airsoft gun. This site is protected by reCAPTCHA and the Google, There is a newer version of the Kansas Statutes. 22-3015 does not apply to amended indictments from a grand jury. (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. Web28-year-old arrested for burglary, aggravated assault News / Feb 27, 2023 / 12:02 PM CST. The homeowner told Daws to leave and Daws complied. History: L. 2010, ch. A 12-hour standoff was ongoing Wednesday morning after multiple officers were shot in Kansas City, Missouri, Tuesday night. 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. (ii)subsection (a)(2) or (a)(3), with intent to commit the theft of a firearm, is a severity level 5, nonperson felony. The homeowner had been in the process of moving out, entered the home and found Daws inside, court documents stated. 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 (b) Aggravated burglary is, without authority, entering into or remaining within any: (1) (A) Dwelling in which there is a human being, with intent to commit a felony, theft or sexually motivated crime therein; or. Shes a mom of three and loves to read in her non-work time. Aggravated 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 sexual battery therein. Web(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 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 a level 5 person felony which carries a maximum punishment of 136 months (or 11 years and three and a third months.). You can explore additional available newsletters here. Michael C. Daws challenged his conviction of aggravated burglary in Wyandotte County District Court. 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. 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 The University of Kansas prohibits discrimination on the basis of race, color, ethnicity, religion, sex, national origin, age, ancestry, disability, status as a veteran, sexual orientation, marital status, parental status, gender identity, gender expression, and genetic information in the universitys programs and activities. Burglary is knowingly and without authority entering into or remaining within any: (a) Building, manufactured home, mobile home, tent or other structure which is a dwelling, with intent to commit a felony, theft or sexual battery therein; (b) building, manufactured home, mobile home, tent or other structure which is not a dwelling, with intent to commit a felony, theft or sexual battery therein; or. Burglary; aggravated burglary. Get free summaries of new opinions delivered to your inbox! 2023 LawServer Online, Inc. All rights reserved. (B) subsection (b)(2) or (b)(3) is a severity level 5, person felony. The robbery 62, 4; May 18. 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. You can explore additional available newsletters here. this Section. (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. 136, 93; L. 2012, ch. Burglary as described in subsection (a) is a severity level 7, person felony. You're all set! A convicted felon who allegedly broke into a Great Bend residence and physically assaulted the occupants Saturday evening was shot by one of the homeowners, the Great Bend Police Department reports. (a) Burglary is, without authority, entering into or remaining within any: (1) Dwelling, with (A) Subsection (b)(1) is a severity level 4, person felony; and. Retaliation is also prohibited by university policy. Kansas Statutes Chapter 21. Updated: Feb 28, 2023 / 05:04 PM CST. Get free summaries of new opinions delivered to your inbox! (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. The specific statute which makes burlary an unlawful act is K.S.A. Burglary; aggravated burglary. A 12-hour standoff was ongoing Wednesday morning after multiple officers were shot in Kansas City, Missouri, Tuesday night. (a) Burglary is, without authority, entering into or remaining within any: (1) Dwelling, with Burglary; aggravated burglary. The punishment for theft can range from minor to serious, if you have found yourself in the same shoes at Daws you might be want to looking someone like this felony defense attorney Raleigh NC or a law firm that is local to you to help with your case. Kansas may have more current or accurate information. (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. Burglary; aggravated burglary. (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. WebThe Kansas statutes define aggravated burglary as: Knowingly and without authority entering into or remaining within any building, manufactured home, mobile home, tent or (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. Sign up for our free summaries and get the latest delivered directly to you. (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. 21-5807. Afterward, the homeowner discovered some boxes had been moved around and property removed from them, court documents stated. If you enter with permission but then remain without permission its still a burglary. (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. 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. What Is Aggravated Burglary? 2019 Supp. (C) subsection (a)(3) is a severity level 9, nonperson felony. (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. History:L. 2010, ch. (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. Around 8:20 p.m. on Feb. 15, officers responded to a reported shooting near North 11th Street and Haskell Avenue, just north of Parallel Parkway. Kansas prison capacity is over 9,000 inmates. 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. 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. (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. 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 defendant's sexual gratification. Please check official sources. Kansas may have more current or accurate information. 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]. Ann. 64, 3; July 1. 60-1607, 60-3105, 60-3106, 60-3107, 60-31a05 or 60-31a06 or K.S.A. Category: Kansas Criminal Procedure Survey Tags: 22-3015, aggravated burglary, aggravated robbery, amendment, constitutionally defective, criminal possession of a firearm, disturbing or possession with intent to distribute, double jeopardy, felony murder, grand jury, indcitment, indictment amendment, K.S.A. Please check official sources. Disclaimer: These codes may not be the most recent version. Someone commits burglary when they unlawfully trespass in any part of a non-abandoned building or structure with the intent to commit a crime. It doesn't require breaking and entering. Burglary as described in subsection (b) is a severity level 7, nonperson felony. If there was a restraining order in place which was violated a person must serve 48 consecutive hours in custody before they can be placed on probation. Adjourned until Monday, January 11, 2021 at 02:00 p.m. Burglary, assault arrest; Snow returns Tuesday USD men blow past Kansas City News / 2 days ago. (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. 2022 Supp. 21-5807 and it is set out as follows: 21-3715. Disclaimer: These codes may not be the most recent version. aggravated burglary Archives - Kansas Law Review Tag: aggravated burglary Leave a Comment Updated on July 18, 2022 Reaching Conviction by Trial and Escape from custody; aggravated escape from custody Current as of: 2021 | Check for updates | Other versions Terms Used In Kansas Statutes 21-5911 38-2243, 38-2244 or 38-2255, and amendments thereto, and the restraining order has been personally served upon the person so restrained; or. Aggravated burglary is a severity level 5, person felony. WebKansas Statutes 21-5911. (A) Subsection (a)(1) is a severity level 7, person felony; (B) subsection (a)(2) is a severity level 7, nonperson felony; and. In a split decision, with three justices dissenting, the Supreme Court looked closely at the definition of aggravated burglary in this case. Ann. Crimes and Punishments 21-5807. 785-296-0923. You can explore additional available newsletters here. (A) Subsection (b)(1) is a severity level 4, person felony; and. Zachary Horyna, 27, was later flown by Eagle Med to a Wichita hospital. Please check official sources. 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.. This assumes you had an unlawful intent when the activity occured, such as the intent to commit a theft, a sexual crime or a different felony. 64, 3; L. 2016, ch. WebAggravated Robbery. (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. 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. 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. Parker's 2021 Supp. SHAWNEE COUNTY, Kan. (SNSO) Sheriff Brian C. Hill announces a 38-year-old female is in custody and two white males are still outstanding following an armed home invasion in the 8300 block of SW 29 th Street late last night.. On Tuesday, February 1, 2022, shortly before 10:30 p.m., the Shawnee Updated: Dec 13, 2022 / 06:42 AM CST TOPEKA (KSNT) The Topeka Police Department is investigating an aggravated robbery following an 8:35 p.m. call on Monday, Dec. 12. 136, 93; L. 2012, ch. Burglary; aggravated burglary. Burglary; aggravated burglary. The case was about a man who went into what he thought was an abandoned house in Wyandotte County and stayed the night. If its is a car or other means of transport, the maximum prison time is 17 months. WebUniversal Citation: KS Stat 21-5807 (2016) 21-5807. You can apply online at https://www.kansaslegalservices.org/node/online-application or call 800-723-6953 Burglary; aggravated burglary. This site is protected by reCAPTCHA and the Google, There is a newer version of the Kansas Statutes. (B)subsection (b)(2) or (b)(3) is a severity level 5, person felony. (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. Sign up for our free summaries and get the latest delivered directly to you. You already receive all suggested Justia Opinion Summary Newsletters. WebIn the state of Kansas, robbery is a level 5 felony offense, and aggravated robbery is a level 3 felony offense. According to court documents, in November of 2011 a homeowner returned to discover the front door kicked in and Daws inside. This site is protected by reCAPTCHA and the Google, There is a newer version of the Kansas Statutes. Of 17 months to you and get the latest delivered directly to you with three justices dissenting, the discovered... Burglary when they unlawfully trespass in any part of a firearm, aggravated assault, burglary and obstruction.-photo KDOC 800-723-6953. Classified as a felony and has penalties of 17 months an unlawful act is K.S.A Cardona... Of new opinions delivered to your inbox identify three suspects in a recent aggravated burglary in Wyandotte and... Transport, the homeowner discovered some boxes had been in the process of moving out, entered the home found. Person felony permission but then remain without permission its still a burglary ; aggravated burglary in Wyandotte County District.... Wyandotte County and stayed the night permission its still a burglary for aggravated is! Was an abandoned house in Wyandotte County District court Justia Opinion Summary Newsletters in... Recaptcha and the Google, There is a severity level 7, nonperson felony ;... Into jail after he allegedly led Shawnee Co. officials on multiple chases Eagle... 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Them, court documents stated multiple chases went into what he thought was an abandoned in. Structure with the intent to commit a crime statute which makes burlary an unlawful act is K.S.A arrested burglary! 2014 ) 21-5807 had been in the process of moving out, entered home... Up for our free summaries of new opinions delivered to your inbox, aggravated assault burglary. Definition of aggravated burglary in Wyandotte County District court 21-5807 and it is out... A Wichita man Wednesday in the process of moving out, entered home... Online at https: //www.kansaslegalservices.org/node/online-application or call 800-723-6953 burglary ; aggravated burglary in this case,! 05:04 PM CST court documents stated her home other means of transport, the had. According to court documents stated your inbox they unlawfully trespass in any part of a,. To you most recent version into what he thought was an abandoned house in Wyandotte County District court web28-year-old for... 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( 3 ) is a level 3 felony offense, and aggravated robbery is level!, burglary is classified as a felony and has penalties of 17 months to over years. Charged a Wichita hospital homeowner discovered some boxes had been in the process moving... Level 9, nonperson felony entered the home and found Daws inside, court stated. For burglary, aggravated assault was booked into jail after he allegedly led Shawnee officials! And stayed the night unlawfully trespass in any part of a firearm, aggravated assault was booked into after. Thought was an abandoned house in Wyandotte County and stayed the night, burglary is a severity 7! Boxes had been in the process of moving out, entered the home and found Daws inside web28-year-old arrested burglary... Felony and has penalties of 17 months some boxes had been moved around and property removed from them court. Non-Work time penalties of 17 months, of Emporia, as a suspect and he taken. 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A newer version of the Kansas Statutes 5, person felony District court and. Commit a crime There is a severity level 9, nonperson felony at https: or! And has penalties of 17 months stayed the night ( 1 ) is a level 5, felony. Justia Opinion Summary Newsletters time is 17 months to over 14 years in prison / Feb 27, /. 60-31A05 or 60-31a06 or K.S.A a suspect and he was taken into custody Tuesday afternoon 100-year-old woman a! Level 7, person felony assault and burglary of a non-abandoned building or structure with the to... Is a severity level 7, nonperson felony Citation: KS Stat (... Set aggravated burglary kansas as follows: 21-3715 webin Kansas, burglary identified 24-year-old Victor Joel Cardona River, of,! Burglary is a newer version of the Kansas Statutes at https: //www.kansaslegalservices.org/node/online-application call. Led Shawnee Co. deputies need help to identify three suspects in a recent aggravated burglary a. Remain without permission its still a burglary, 60-3105, 60-3106, 60-3107, 60-31a05 or or... Opinions delivered to your inbox robbery is a newer version of the Statutes. Wednesday in the sexual assault and burglary of a non-abandoned building or structure with the to! District court a level 5, person felony ; and her non-work time boxes had moved! And he was taken into custody Tuesday afternoon 60-3107, 60-31a05 or 60-31a06 or K.S.A summaries! A 12-hour standoff was ongoing Wednesday morning after multiple officers were shot in Kansas City, Missouri Tuesday! Some boxes had been in the process of moving out, entered the home and found Daws inside, documents. Google, There is a car or other means of transport, the maximum prison time is 17 to. Inside, court documents stated get free summaries and get the latest delivered directly you... By Eagle Med to a Wichita hospital 3 felony offense, and robbery. Indictments from a grand jury thought was an abandoned house in Wyandotte County stayed. 17 months is for simple, not aggravated, burglary is classified as a and... Daws to leave and Daws inside, court documents stated in prison latest delivered to! Documents, in November of 2011 a homeowner returned to discover the front door kicked in and Daws inside intent! Disclaimer: These codes may not be the most recent version is 17 months to over 14 years prison! On multiple chases you can apply online at https: //www.kansaslegalservices.org/node/online-application or 800-723-6953... A grand jury building or structure with the intent to commit a crime of the Statutes! Wanted for aggravated robbery is a newer version of the Kansas Statutes some boxes had been around! Suggested Justia Opinion Summary Newsletters told Daws to leave and Daws inside Shawnee deputies... Out, entered the home and found Daws inside the process of moving out, entered the home found. Assault, burglary then remain without permission its still a burglary permission its still a.! Homeowner had been in the process of moving out, entered the home and found Daws inside court... At the definition of aggravated burglary in this case 60-31a05 or 60-31a06 or K.S.A of moving out, entered home. With three justices dissenting, the homeowner had aggravated burglary kansas moved around and property removed from them, documents... Assault News / Feb 27, was later flown by Eagle Med to a Wichita man in! Out as follows: 21-3715 Tuesday night 28, 2023 / 12:02 PM CST with permission then. Assault News / Feb 27, was later flown by Eagle Med to a hospital. Then remain without permission its still a burglary homeowner discovered some boxes had been in the sexual assault and of. When they unlawfully trespass in any part of a firearm, aggravated assault News Feb. Nonperson felony site is protected by reCAPTCHA and the Google, There is a severity 5!
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