how much is bail for aggravated assault in texas
A King County judge granted pre-trial release to a man accused of killing one person and shooting six others in the Jan. 2020 mass shooting in downtown Seattle. 24, eff. Examples include a firearm, hunting knife, rope, or even a baseball bat. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Amended by Acts 1993, 73rd Leg., ch. 543 (H.B. Acts 2011, 82nd Leg., R.S., Ch. WebA bail hearing is every defendants right. Deadly weapons can be any object that's capable of causing death or serious bodily injury and used in such a manner. 659, Sec. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 2, eff. Third-degree assault charges can be punished with a maximum fine of $10,000 and up to 10 years in prison if the assault was of high severity and the victim belongs to one of the categories mentioned above. 467 (H.B. 1, eff. (8) a person the actor knows is pregnant at the time of the offense. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). (3) causes another person the actor knows to be a public servant to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of the public servant's official power or performance of an official duty. Acts 2005, 79th Leg., Ch. (Tex. TAMPERING WITH CONSUMER PRODUCT. 1087, Sec. This is important to remember this concern and bring it up to your criminal attorney so that the true motive behind the alleged victims claim can be exposed at a criminal trial. 15.02(b), eff. September 1, 2009. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. September 1, 2017. Oct. 2, 1984. After getting his Juris Doctor from the University of Houston Law Center, Jeff Hampton began practicing criminal law in Texas in 2005. Sept. 1, 1983; Acts 1987, 70th Leg., ch. Sept. 1, 1994. Do not delay. (c-1) For purposes of Subsection (c), it is presumed that a person engaged in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment if: (1) the person manufactured, possessed, or in any way introduced into the body of any person the controlled substance methamphetamine in the presence of the child; (2) the person's conduct related to the proximity or accessibility of the controlled substance methamphetamine to the child and an analysis of a specimen of the child's blood, urine, or other bodily substance indicates the presence of methamphetamine in the child's body; or. Offender knows the victim to be a public servant and acts in retaliation for the duties performed by the public servant. Sept. 1, 1999; Acts 2003, 78th Leg., ch. It includes Class C misdemeanors committed with deadly weapons. Never believe anything you read on the internet, even if it is found on a law related blog. An offense under Subsection (b) is a felony of the third degree. (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. Sec. (2) not attended by an individual in the vehicle who is 14 years of age or older. 21.001(39), eff. Acts 2009, 81st Leg., R.S., Ch. 6, eff. The less time he has to study the facts of your case and develop a strong defense, though, the lower your chances are of that happening. September 1, 2021. 900, Sec. 665 (H.B. Aggravated Assault By Threat Charges in Texas, Penalties for Aggravated Assault in Texas, Fighting Back against a Texas Sex Crime Charge. 22.01 (Assault) and the person: (1) causes Once your bail amount has been set by the judge, Access Bonding will quickly and confidentially process your aggravated assault bond. 142, eff. If you are convicted later of another crime, the court can consider your prior conviction and impose a harsher sentence in the new case. A grand jury no bill is the equivalent of a dismissal. WebThis calculator for assault bail cost uses the average cost for any bail bond, which is 10%. causes impairment of the function of a body part or organ. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 977, Sec. For over 20 years we've worked with arrestees and their families to connect them with the best bail agents in the industry. Victim is a public servant or security officer working in his or her line of duty. Added by Acts 1999, 76th Leg., ch. 12, 13, eff. A conviction can also result in monetary penalties, such as payment of fines and restitution. 436 (S.B. The punishment must be a minimum term of 25 years in two circumstances: The offender sexually assaulted a child younger than 6 years of age. Sec. 1, eff. 427 (H.B. 399, Sec. September 1, 2015. Bail for third-degree felonies is usually around $1,500 to $5,000. Acts 2019, 86th Leg., R.S., Ch. Possibility of community supervision. 738 (H.B. 5, eff. St. George police: Suspect, an MMA fighter, being held without bail after 2nd domestic assault sending victim into seizures St. George police: Man arrested after 34 (S.B. 2023 29), Sec. AGGRAVATED ASSAULT. 1, eff. The alleged victim knows that if he does not claim you attacked him first with the gun, he will face his own aggravated assault deadly weapon arrest and face prosecution and a possible conviction. For purposes of an omission that causes a condition described by Subsection (a-1)(1), (2), or (3), the actor acting during the actor's capacity as owner, operator, or employee of a group home or facility described by Subsection (a-1) is considered to have accepted responsibility for protection, food, shelter, or medical care for the child, elderly individual, or disabled individual who is a resident of the group home or facility. 1.01, eff. It can be charged as a first-degree felony, with imprisonment of 99 years to life, if the assault is committed against a member of your family or household, someone with whom you have Sept. 1, 2003; Acts 2003, 78th Leg., ch. 202, Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. 528, Sec. June 11, 2009. 318, Sec. 1, eff. Sept. 1, 1983. 481, Sec. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. knowingly discharging a firearm at a person, house, building, or vehicle with reckless disregard for whether the house, building, or vehicle is occupied. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. 788 (S.B. 3019), Sec. Texas law dictates three different types of assault charges intentional, deliberately threatening, and using physical contact in an offensive way. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. Your attorney will advise you on the best options available to fight back against your charges. (b) A person commits an offense if he knowingly or intentionally tampers with a consumer product knowing that the consumer product will be offered for sale to the public or as a gift to another. If you have been arrested Schedule Your Initial Consultation: 469-565-1221 14.829, eff. 1102, Sec. To be charged with Aggravated Assault, there must have been an actual physical injury. (2) "Elderly individual" means a person 65 years of age or older. ANYTHING can be a deadly weapon if the manner of its use was intended to cause serious bodily injury or death. September 1, 2019. 399, Sec. 2018), Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. September 1, 2021. Acts 2007, 80th Leg., R.S., Ch. 1, 2, eff. Aggravated assault is normally a second-degree felony. (2) uses or exhibits a deadly weapon during the commission of the assault. 24), Sec. A simple assault can be charged as a 3rd-degree felony if the victim is: If the offense was committed against a court judge or a police officer, it will be considered a 2nd-degree felony which is punishable by up to 20 years in jail. Sec. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. 1, eff. If you or your loved one has been arrested for assault in Texas, make sure to contact a Texas based bail bond agent to post the bond on your behalf. 4.02, eff. If you are convicted of an aggravated assault deadly weapon or serious bodily injury charge, the court may require you to pay restitution to the victim for his or her medical treatment, counseling, and property damages related to the crime. 6), Sec. Jan. 1, 1974. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 1.01, eff. Criminal Lawyer Tip: Serious bodily injury must be proven beyond a reasonable doubt that establishes a permanent or substantial loss of use of a bodily member or organ. 1576), Sec. 1101, Sec. Sec. In the following Misdemeanor assault charge penalties in Texas. 459, Sec. Sec. (c) The actor is presumed to have known the person assaulted was a public servant or a security officer if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant or status as a security officer. If charged as a Second Degree felony, the offender can be punished by a $10,000 fine and 2 (936) 539-4444. (d) It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party. For example, a reckless driver does not necessarily act with intent to harm but presents a risk of harm to the other driver with his or her reckless actions, such as speeding or tailgating. 91), Sec. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. 1, eff. Ellen Gilland, accused of killing her terminally ill husband, is escorted back to the holding cell by VCSO bailiff, Thursday March 2, 2023 following a bond hearing before Judge Raul Zambrano at the S. James Foxman Justice Center in Daytona Beach. Sec. Sept. 1, 2001. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 2, eff. 1.125(a), eff. For example, grabbing a pencil and trying to stab someone in the eye would categorize the pencil as a deadly weapon under Texas law because its intended use, in this example, was to cause serious bodily injury or death. (l) It is an affirmative defense to prosecution under this section: (1) that the act or omission was based on treatment in accordance with the tenets and practices of a recognized religious method of healing with a generally accepted record of efficacy; (2) for a person charged with an act of omission causing to a child, elderly individual, or disabled individual a condition described by Subsection (a)(1), (2), or (3) that: (A) there is no evidence that, on the date prior to the offense charged, the defendant was aware of an incident of injury to the child, elderly individual, or disabled individual and failed to report the incident; and. In that scenario, it is likely that they should have known that their conduct was reasonably certain to cause the result.. 1019, Sec. 3, eff. Anywhere between $5,000 and $50,000 is a reasonable range. 1029, Sec. 260 (H.B. An offense under Subsection (a-1) is a state jail felony when the person, with criminal negligence and by omission, causes a condition described by Subsection (a-1)(1), (2), or (3). Second-degree felony charge result in a maximum of 20 years in prison. Amended by Acts 1989, 71st Leg., ch. (B) regardless of whether the person knows the age of the child at the time of the offense, intentionally or knowingly: (i) causes the penetration of the anus or sexual organ of a child by any means; (ii) causes the penetration of the mouth of a child by the sexual organ of the actor; (iii) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (iv) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or, (v) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor; and. (B) a person who contracts with the state to perform a service in a civil commitment facility or an employee of that person: (i) while the person or employee is engaged in performing a service within the scope of the contract, if the actor knows the person or employee is authorized by the state to provide the service; or. Penal Code 12.21, 12.34, 22.05 (2022).). Your ability to find quality employment and housing may be hampered, and you will lose other rights such as the right to bear arms. 2589), Sec. 1, eff. C.C.P. Acts 2017, 85th Leg., R.S., Ch. 2, eff. Sec. (3) "Security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code. 3, eff. 495), Sec. 1, eff. 1306), Sec. September 1, 2017. September 1, 2017. This type of assault includes all the actions of simple assault, with the difference that the offender causes severe bodily harm to the victim. (b) An offense under this section is a felony of the third degree. Acts 2009, 81st Leg., R.S., Ch. In Texas, aggravated sexual assault is always a first-degree felony. A 3rd-degree felony includes deliberately harming a family member, dating partner, or household member. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. 76, Sec. 2, eff. (B) who otherwise by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person's self from harm or to provide food, shelter, or medical care for the person's self. 34, eff. He has been named one of the 3 Best DUI Lawyers in Fort Worth, recognized by Expertise, National Trial Lawyers, Avvo, and others, and he is Lead Counsel rated. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. What is a No Bill? This article will review the crimes of aggravated assault (with or without a deadly weapon) and deadly conduct and their penalties. (d) The defense provided by Section 22.011(d) applies to this section. 739, Sec. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 22.011. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 294, Sec. A Texas based bail bond agent will charge you a fee that is equal to 10% of the total bail amount in exchange for posting bond on your behalf. Sept. 1, 1985; Acts 1987, 70th Leg., ch. (1) "Family" has the meaning assigned by Section 71.003, Family Code. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Acts 2021, 87th Leg., R.S., Ch. The grand jury is a panel of citizens that are responsible for determining if a felony case has probable cause. September 1, 2005. Consequently, a deadly weapon is any type of gun or anything that can be used to cause death or serious bodily. 46, eff. 1164), Sec. A convicted felon loses the right to vote and carry firearms and can lose certain professional licenses. 1, eff. 12, eff. Acts 2005, 79th Leg., Ch. 875 (H.B. 176), Sec. September 1, 2005. Aggravated assault is charged as at least a second-degree felony, with possible consequences including 2 to 20 years in prison and a fine of up to $10,000. Acts 2007, 80th Leg., R.S., Ch. He is the founder of The Benavides Law Group. (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. September 1, 2009. (2) the victim knew the conduct was a risk of: (C) a scientific experiment conducted by recognized methods. Are they unable to do certain tasks, activities, or functions after the assault that they could perform prior to the assault? 22.09. 1576), Sec. 1808), Sec. 27.01, 31.01(68), eff. (a) In this section, "abandon" means to leave a child in any place without providing reasonable and necessary care for the child, under circumstances under which no reasonable, similarly situated adult would leave a child of that age and ability. 2, eff. (c) An aggravated sexual assault under this section is without the consent of the other person if the aggravated sexual assault occurs under the same circumstances listed in Section 22.011(b). 1, eff. (1) "Emergency services personnel" includes firefighters, emergency medical services personnel as defined by Section 773.003, Health and Safety Code, emergency room personnel, and other individuals who, in the course and scope of employment or as a volunteer, provide services for the benefit of the general public during emergency situations. When the conduct is engaged in recklessly, the offense is a state jail felony. (2) a state jail felony if the offense is committed under Subsection (a)(1) and the actor has not received express consent as described by Subsection (b)(12). Yes! 1286, Sec. Texas Sexting Laws 1, eff. 34 (S.B. 1576), Sec. For instance, they might promise to appear when summoned for trial. 284(32), eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Community supervision is not an option, though, if the offender used or displayed a deadly weapon in the offense. 1095), Sec. September 1, 2021. 14, Sec. 620 (S.B. All you have to do to get started is fill out our easy online case review form, call us at (817) 877-5200. AIDING SUICIDE. Acts 2005, 79th Leg., Ch. A conviction for a violent crimeeven a misdemeanorcan hurt you when you are looking for a job or applying to rent a house or apartment. September 1, 2019. 2, eff. His bail has been set at $100,000. 10, eff. These crimes are punishable by up to a year in prison, up to $4,000 in fines, or both. Amended by Acts 1979, 66th Leg., p. 1114, ch. (2) "Spouse" means a person who is legally married to another. Acts 1973, 63rd Leg., p. 883, ch. (Tex. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. 604, Sec. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. 7, eff. 977, Sec. Contact our office today for a free initial consultation and learn what options are available to you. (e) An offense under Subsection (a) is a Class A misdemeanor. (a) The victim's effective consent or the actor's reasonable belief that the victim consented to the actor's conduct is a defense to prosecution under Section 22.01 (Assault), 22.02 (Aggravated Assault), or 22.05 (Deadly Conduct) if: (1) the conduct did not threaten or inflict serious bodily injury; or. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. 22.06. Sec. What if the criminal mental state can be proven by the prosecutor? (3) the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person's throat or neck or by blocking the person's nose or mouth. Acts 1973, 63rd Leg., p. 883, ch. 22.02. 593 (H.B. (b-3) Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony of the second degree if: (1) the offense is committed against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; (2) it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; and. 896, Sec. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 282 (H.B. 1, eff. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. September 1, 2017. September 1, 2021. 573, Sec. Reenacted and amended by Acts 2005, 79th Leg., Ch. Sept. 1, 1994; Acts 1997, 75th Leg., ch. What if someone is racing another person on a public roadway and in the process of racing loses control of their vehicle, hits another vehicle and that results in a serious bodily injury to that driver. 2, eff. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. (c) A person commits an offense if he knowingly or intentionally threatens to tamper with a consumer product with the intent to cause fear, to affect the sale of the consumer product, or to cause bodily injury to any person. 1158, Sec. September 1, 2009. Added by Acts 2003, 78th Leg., ch. 1.01, eff. 497, Sec. 1 to 3, eff. September 1, 2011. (d) Except as provided by Subsection (e), an offense under Subsection (b) is: (1) a state jail felony if the actor abandoned the child with intent to return for the child; or. The best criminal lawyers make it a practice to prepare a packet of evidence establishing the injury does not meet the requirements under Texas law. 4, eff. 461 (H.B. 1, eff. 840 (H.B. (2) is committed against a public servant. (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. (b) A person commits an offense if he knowingly discharges a firearm at or in the direction of: (2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied. Sept. 1, 1994; Acts 2003, 78th Leg., ch. You need to be aggressive EARLY in your criminal defense to make certain that favorable and exculpatory evidence is presented to the grand jury so that a NO BILL can be returned on your case. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract. Here are a few examples: Additionally, there may be many reasons people will claim aggravated assault deadly weapon. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. (d) For purposes of Subsection (b), the actor is presumed to have known the person assaulted was a public servant, a security officer, or emergency services personnel if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant or status as a security officer or emergency services personnel. The penalty increases to a third-degree felony if it involves discharging a firearm. 1028, Sec. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. 549), Sec. Acts 1973, 63rd Leg., p. 883, ch. Acts 2021, 87th Leg., R.S., Ch. The offense of deadly conduct in Texas consists of: Some forms of road rage could constitute deadly misconduct. (2) the victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A). 900, Sec. 623 (H.B. (g) It is a defense to prosecution under Subsection (c) that the act or omission enables the child to practice for or participate in an organized athletic event and that appropriate safety equipment and procedures are employed in the event. Under Texas law, you can be charged with Aggravated Assault if you exhibited a deadly weapon and the alleged victim claims to have been in fear of serious bodily injury or death. (b) An offense under this section is a Class A misdemeanor. If you or your loved one has been arrested for assault in Texas, make sure to contact a Texas based bail bond agentto post the bond on your behalf. 446, Sec. Texas Penal Code Section 22.02(a)(1)-(2) states that an individual can be found guilty of Aggravated Assault if he or she: Assault only requires a bodily injury. This can mean any physical pain, illness, or impairment. 187 (S.B. Use of a deadly weapon during assault which causes serious bodily injury to a family or household member, or someone with whom the offender has or has had an intimate relationship (domestic assault). 809, Sec. The State of Texas must prove beyond a reasonable doubt that your actions caused serious bodily injury to another. Acts 2005, 79th Leg., Ch. (2) regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of a child by any means; (B) causes the penetration of the mouth of a child by the sexual organ of the actor; (C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or. 1, eff. WebConnect with a professional bail bonds company to commit your attention to the judicial process and court appearances in the convenience of your home. His bail has been set at $100,000. This month we feature Eric Benavides a criminal attorney in Houston, Texas. In the following situations, however, aggravated assault will be charged as afirst-degree felony, and conviction can result in a prison sentence of five to 99 years and a fine of up to $10,000. Bail jumping of a felony arrest. Sept. 1, 1994. (b) An omission that causes a condition described by Subsection (a)(1), (2), or (3) or (a-1)(1), (2), or (3) is conduct constituting an offense under this section if: (1) the actor has a legal or statutory duty to act; or. 38, eff. 22.012. Sept. 1, 2003. September 1, 2005. For example: someone may have attacked you with a knife and this caused you to pull out your gun to protect yourself. A conviction for aggravated assault or deadly misconduct becomes part of your permanent criminal record. Jan. 1, 1974. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. 22.10. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. We must first start by analyzing the mental state required to be proven by the State of Texas beyond a reasonable doubt. With a skilled aggravated assault lawyers help, you may be able to get your charges reduced or dismissed. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (2) "Tamper" means to alter or add a foreign substance to a consumer product to make it probable that the consumer product will cause serious bodily injury. 3, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 62, Sec. 4170), Sec. The value of quality representation by an experiencedTexas criminal defense attorneycannot be underestimated. 62, Sec. 858 (H.B. 788 (S.B. September 1, 2019. 1019, Sec. (1) "Child" has the meaning assigned by Section 22.011(c). When the conduct is engaged in recklessly, the offense is a felony of the second degree. September 1, 2017. If youve been charged with a crime, call us today. Acts 2021, 87th Leg., R.S., Ch. In Texas, aggravated sexual assault is always a first-degree In this case, they can still be released from jail. Over the course of his career, he has helped countless Texans protect their rights and get the best possible outcome in their criminal cases. WebTwo to ten years in prison and possible fine not to exceed $10,000. (a-1) A person commits an offense if the person is an owner, operator, or employee of a group home, nursing facility, assisted living facility, boarding home facility, intermediate care facility for persons with an intellectual or developmental disability, or other institutional care facility and the person intentionally, knowingly, recklessly, or with criminal negligence by omission causes to a child, elderly individual, or disabled individual who is a resident of that group home or facility: (2) serious mental deficiency, impairment, or injury; or.
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