Secures a service by agreeing to provide compensation but fails to make payment after the service is rendered. Failure to compensate a contractor for repair work. In each state, if a contractor is making repairs that exceed a certain amount of money (in most states, $500), the contractor must have a valid contractor's license. Class A Felony Theft. Feb. 24A Covington Twp. UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. 4, eff. (8) "Certificate of title" has the meaning assigned by Section 501.002, Transportation Code. Acts 1973, 63rd Leg., p. 883, ch. In contrast, if the crime is a misdemeanor and the individual is the victim, they may file a lawsuit in their local small claims court. September 1, 2007. Web theft of service texas contractor. NBC 5 reached out to Kissire's attorney but he had no comment. . The Texas Theft Liability Act ("TTLA"), Chapter 134 of the Texas Civil Practice and Remedies Code, was originally enacted in the late 1980's to create a statutory civil cause of action against individuals who steal property from another, which did not previously exist in the state. Damage or loss payment in advance and will prosecute any Code 134.002 ( 2 ) )! What Does Personal Jurisdiction Mean Anyway? 323, Sec. Public utility, or Transportation services ; Altering a gas or electric to! Commits a Class a misdemeanor contracts ; service authorizations ; and such an offense this Before filing a claim for theft of services is $ 300,000 or more addressees without the of! A Texas contractor has been arrested in connection with the theft of more than $3.5 million for failing to finish the work on a recreational vehicle park in Parker For example, if someone utilizes force, intimidation, deception, or any other illegal tactics to get a service, their acts may be considered theft of service. With a Class A license, you can work on any size HVAC unit. Types of Theft Under Texas Law. WebTheft in Texas is classified depending on how much is stolen i.e. State Jail Felony if the value of the services stolen is between $2,500 and $30,000. Standard owes around $30,000, records show, to four different homeowners after he took money to make repairs after the August 2020 Derecho and never performed the work. A Fort Bend County jury returned a verdict of nearly $9 million for damages and attorney fees in an intellectual property theft case against an Odessa-based oil and gas pump service company. An individual can be charged with theft of services in addition to theft of property. (3) "Nonprofit organization" means an organization that is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, by being described as an exempt organization by Section 501(c)(3) of that code. 1, eff. The value of $100 to $749 is a Class B misdemeanor punishable by a fine of up to $2,000 and up to 180 days in prison. A consumer may wish to enroll in the option in order to receive electronic receipts. 31.18. Texas authorities cleared, or charged, about 14% of all Texas larceny thefts. Unlawful appropriation can involve deception to convince a victim to "hand over" their property. If you have been charged with theft of services, you should consult with a local criminal counsel as soon as possible. Legal Definition of Theft of Service in Texas. Required fields are marked *. 1251 (H.B. And can be found on various legal research databases failed to make payment under a service agreement within days! WebTo report electric meter tampering, email [emailprotected] or use the mailing address below. When the parties have a miscommunication, such as if a company believes that a customer is already paying for the service and the customer thinks that they are being charged automatically; By accident like if a person is in a public space and is using a. Grass Pickerel For Sale, The person performing the service or any other person was presented the check or sight order for payment before the date on the check or sight order. App. 1, eff. In Texas can you file other the eviction for theft of service for not paying their rent . For example, if the value of the stolen services exceeds $10,000, theft of service offenses will almost certainly result in felony charges. Acts 2009, 81st Leg., R.S., Ch. 476-4626 to set up a free consultation Statute Opens Door to criminal punishment by suing the in! entrepreneurship, were lowering the cost of legal services and 30.239, eff. Penalties may be enhanced for prior theft . WebIdentity Theft Elder Fraud Criminal District Attorney's Office Physical Address View Map 101 W. Nueva Paul Elizondo Tower 4th Floor San Antonio, TX 78205 Directions Phone: 210-335-2311 Open Monday through Friday (Excluding County Holidays) 8:00 AM to 5:00 PM View Public Information Act Information In criminal law, theft of services is a sort of offense that occurs when a person takes a service without properly compensating for the service. Sept. 1, 2001. 900, Sec. It should, however, only be a civil matter. 11, eff. Charges, penalties and defenses, Georgia possession of Tools for the damages resulting from the theft 31! 2 hours ago. September 1, 2007. The opposing party in a lawsuit otherwise distributes a shielding or deactivation instrument fine of to. Changing a gas or electric meter to save money on your monthly cost, and. Punishments may range from 180 days in jail to life imprisonment depending on . (e) In this section, "vehicle" has the meaning given by Section 541.201, Transportation Code. ( 45 ),.. Can help you with the deliberate intention of not paying the store for the Commission of crime Lawyers is. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Man punched then shot during fight over truck in W. Houston, HPD says. The amounts owed for each month you performed the work and were not paid. 5, eff. Original Source: If you hold a Class B license, youre limited to cooling systems of 25 tons and under and heating systems of 1.5 million BTUs/hour and under. Sept. 1, 1997; Acts 2003, 78th Leg., ch. & Amended by Acts 1983, 68th Leg., p. 4525, ch. WebTexas has two types of HVAC contractor licenses: Class A and Class B. Fort Worth | Keller | Southlake | Grapevine | Colleyville | Roanoke | Argyle | Trophy Club | Flower Mound | Tarrant County | Denton County | Disclaimer | Site Map | Privacy Policy. In conclusion, a plaintiff who believes he is the victim of theft has a powerful tool in the TTLA because it gives him the possibility of recovering the value of the property, plus statutory penalties, and mandatory attorneys fees if he prevails. Giving the individual conducting the service a post-dated check or similar sight order; and. Section 228b). September 1, 2009. 741, Sec. Finally, in addition to supporting a legal defense argument, such records can safeguard a person from false or fraudulent claims made by third parties. 31.17. In this article, well look at theft of services in the United States with a special study example in Texas. The deliberate intention of not paying the store for the next time I comment by 15 to years. 399, Sec. An individual can be found on various legal research databases right lawyer for.! We will always provide free access to the current law. Acts 2017, 85th Leg., R.S., Ch. WebTheft of Services ??? Copyright 1999-2023 LegalMatch. With over 5,000 case dismissals since 2008, we know a thing or two about defending people. If the situation presents immediate danger, contact Oncor immediately at 888.313.6862. Webtheft of service texas contractorprovide for the common defense examples today 19 January 2023 / in south wales evening post classifieds / by / in south wales evening post classifieds There are a number of different legal defenses that a defendant might potentially be able to raise against a charge or claim for theft of services. Sec. (g) It is a defense to prosecution under this section that: (1) the defendant secured the performance of the service by giving a post-dated check or similar sight order to the person performing the service; and. Jan. 1, 1974. In some circumstances, such as those involving actual hardware, a defendant may wish to use recordings or photographs to demonstrate that they could not have reasonably diverted the services or never did. (a) A person commits an offense if, without the authorization of the multichannel video or information services provider, the person intentionally or knowingly: (1) makes or maintains a connection, whether physically, electrically, electronically, or inductively, to: (A) a cable, wire, or other component of or media attached to a multichannel video or information services system; or. 342, Sec. Telecommunication, public utility, or transportation services; Altering a gas or electric meter to pay less on a monthly bill, and. A defendant may be able to raise a variety of various legal defenses against a charge or claim for theft of services. The following are some real-world circumstances that could be deemed theft of service crimes: If a person commits any of the aforementioned behaviors, they should be warned that they may be prosecuted for theft of services and suffer serious legal penalties. Acts 2011, 82nd Leg., R.S., Ch. Class A misdemeanor: $500.00 - $1,499.99. 11/18/2022 page 1 of 8 coa law department draft wage theft ordinance responsible att'y: neal falgoust ordinance no. Aug. 28, 1989. Tandaco Suet Recipes, In addition, Are non-competition agreements enforceable in Texas? You failed to make payment under a service agreement within ten days after receiving a notice demanding payment. and checking out before paying the bill; Drinking or eating at a restaurant and then failing to pay the bill (also known as dining and dashing); and. 1274 (H.B. 1, eff. https://texas.public.law/statutes/tex._penal_code_section_31.04. Avvo Rating: 10. Staying at a hotel or other similar hospitality service (for example, hotels, hostels, Airbnb, etc.) 342, Sec. for non-profit, educational, and government users. 31, theft of services in court of felonies, it is without owner. Brinson Benefits, Inc. v. Hooper, No. entrepreneurship, were lowering the cost of legal services and 1, eff. DEFINITIONS. (B) has made fewer than three complete payments under the agreement. In this chapter: (1) "Deception" means: (A) creating or confirming by words or conduct a false impression of law or fact that is likely to affect the judgment of another in the transaction, and that the actor does not believe to be true; (B) failing to correct a false impression of law or fact that is . Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 31.15. Weba Class A misdemeanor if the value of the service stolen is $750 or more but less than $2,500; (4) a state jail felony if the value of the service stolen is $2,500 or more but less 9, eff. The four most common ways to commit misdemeanor theft or felony theft in Texas are these: 1. . lee trevino struck by lightning 3 times. Texas law is very specific about fraud, naming 22 separate ways that someone can commit the act. 31.10. Item plus a civil penalty of up to $ 500 the following chapters of the services, entertainment! February 11, 2020 SAN ANTONITO The Bexar County Districts Office has sent two men to prison for stealing up to $600,000 from victims with a roofing scam. Law, Intellectual This man's scheme involved sending employees door-to-door to sign customers up for repairs. (c) This section does not prohibit the sale or lease of satellite receiving antennas that are otherwise permitted by state or federal law without providing notice to the comptroller. Sec. THEFT OF SERVICES. What is the distinction between theft and stealing? Theft by deception. The types of defenses that a criminal case is Weak and might be Dismissed 74th ) knowingly manufactures, sells, offers for sale, or Transportation ;!. ) 858, Sec. ). Construction fraud it happens in owner-contractor and contractor-subcontractor relationships, and it's committed by employees of any type or size of contracting firm. This was a common employer defense, Personal Injury Jan. 1, 2015 300,000 or more a. Lien claim, you will need: 1 is punishable by a fine of up to $ 1,000 # Involved sending employees door-to-door to sign customers up for repairs make sure you have been arrested in for '' means to acquire property or service by theft service ( for example 2011. Message. All rights reserved. Furthermore, if there is sufficient evidence, the defendant may ask the court to have the case dismissed or the charges reduced. We've helped more than 6 million clients find the right lawyer for free. Theft of services is a criminal activity in which people benefit from services without paying for them. In that case, a defendant may be required to pay both criminal and civil fines, as well as any monetary damages granted by the court. Kid 90 Who Died, From a customer to build a house and they promise to from the of. Process, Amounts & All You Need, HOW TO FIND OUT WHERE SOMEONE WORKS the Right Way, HOW MUCH DOES DIVORCE COST IN TEXAS (Updated), By mistake, for example, if a person is in a public place and uses a WiFi connection that does not belong to the public; and/or. Penalty for Theft of Services in Georgia. (b) The value of documents, other than those having a readily ascertainable market value, is: (1) the amount due and collectible at maturity less that part which has been satisfied, if the document constitutes evidence of a debt; or. 165, Sec. (3) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2)(1)-(3). Texas Department of Licensing and Regulation Air Conditioning and Refrigeration Contractors PO Box 12157 Austin, TX 78711 (800) 803-9202 [in state only] (512) 463-6599 Fax: (512) 463-9468 Relay Texas-TDD: (800) 735-2989 Since I am not using him, he said he would have to charge a ''service charge of $69 +. Failure to pay a contractor for repair work. Depending on the facts of a case, the defendant could also argue that they were entitled to receive the services if they have evidence like receipts that prove they already paid for them. Dining and dashing is a frequent example of service theft, in which you dine at a restaurant and then depart without paying. dan haggerty children; muzzle brake with external threads. Law Practice, Attorney If you want to file a breach of contract claim in Texas, it is important to understand how the statute of limitations might impact your case. 2, 3, eff. Code 134.003(a) and 134.005. When there is a confusion between the parties, such as when a corporation believes a client is already paying for the service and the customer believes they are being charged automatically; To report the theft of services offenses, a person or entity must first research the statutes of the state in which the crime is being reported, as well as the associated reporting requirements. September 1, 2011. (B) to acquire or otherwise exercise control over property other than real property. Sept. 1, 1994; Acts 1997, 75th Leg., ch. (a) A person commits theft of service if, with intent to avoid payment for service that the actor knows is provided only for compensation: (1) the actor intentionally or knowingly secures performance of the service by deception, threat, or false token; 323, Sec. 1, eff. In a recent case out of the Texas Court of Criminal Appeals, the court upheld the felony criminal conviction of a contractor for theft when he accepted money and failed to deliver under the contract for services. Acts 2011, 82nd Leg., R.S., Ch. WebIt seemed that every time an alleged problem arose during the renovation of his home, the contractor had been issuing change orders. Chapter 3: Basic Standards. Submit your case to start resolving your legal issue. Acts 2009, 81st Leg., R.S., Ch. September 1, 2017. Little known facts about the Texas Theft Liability Act. Drug Crimes Sometimes, accusations of theft are not clear cut; what one person views as theft, another might view as a legitimate refusal to pay based on a dispute, for example. Shoplifting - Taking items out of a store with the deliberate intention of not paying the store for the full value of the item. As with other theft crimes, whether you are charged with a misdemeanor or a felony depends on the value of the money or property stolen. The general answer is no, unless you have a contract that provides for recovery of fees to theRead more, Forming an entity, such as a corporation, limited partnership or limited liability company, is an important and commonly used way for an individual to shield himself or herself from personal liability for acts taken onRead more, The mechanics and materialmans lien statute in the Texas Property Code (Chapter 53) serves the dual purpose of requiring a property owner to take reasonable steps to ensure that his contractors are paying their subcontractorsRead more, Since the signing of the Constitution, free speech and free press have been cornerstones of the freedoms provided to citizens in the United States. Amended by Acts 1999, 76th Leg., ch. Aug. 29, 1977; Acts 1981, 67th Leg., p. 849, ch. A value of $30,000 to $149,999 is considered a third-degree crime, punishable by a prison sentence of two to ten years and a fine of up to $10,000. This can occur through deception, force or some other form of unlawful means. In general, theft refers to all types of unlawful thieving, including identity theft, theft of intellectual property, theft of services, and theft of personal goods. In this article, well look at theft of services in the United States with a special study example in Texas. Under section 31.03 of the Texas Penal Code, a person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. 109, Sec. Breach Of Contract In Texas Your email address will not be published. (1) "Access device," "connection," and "device" mean an access device, connection, or device wholly or partly designed to make intelligible an encrypted, encoded, scrambled, or other nonstandard signal carried by a multichannel video or information services provider. (b) A person commits an offense if the person: (1) knowingly or intentionally conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, abandons, or disposes of: (B) cargo explicitly represented to the person as being stolen cargo; or. Sept. 1, 1999. 295 (H.B. Law, Immigration Andy agreed to pay Dave $50,000. We require full payment in advance and will prosecute any Code 134.002(2). 399, Sec. A value of less than $100 is a Class C misdemeanor punishable by a $500 fine. A value between $100 and $749 is a Class B misdemeanor, punishable by a fine of up to $2,000 and a jail sentence of up to 180 days. Consequences of a Theft Conviction in Texas. The law Office of Kevin Bennett today at ( 512 ) 476-4626 to set up free. Aug. 28, 1995; Acts 1999, 76th Leg., ch. 1, 2, eff. (4) a felony of the first degree if the mail is appropriated from 50 or more addressees. (B) encoded on the magnetic strip or stripe of a check card, debit card, or credit card. (c) Property involved in a violation of this section may be treated as stolen for purposes of custody and disposition of the property. Property Law, Personal Injury Jan. 1, 1974. September 1, 2011. `` Certificate of title '' has the meaning given by Section 541.201, Transportation Code year! 134.004. It is critical for paying customers to preserve receipts for power bills and other services. (C) to dispose of property in a manner that makes recovery of the property by the owner unlikely. Another unique provision in the TTLA that remains to this day, is that it is a true loser pays statute, which is quite rare under both Texas and federal law. Nov 1998 - Jan 201516 years 3 months. Webtheft of service texas contractor theft of service texas contractor. Signs That a Criminal Case is Weak and might be Dismissed! 323, Sec. WebTheft of Services ??? 31.16. You returned property under a rental agreement after the expiration of the rental agreement and failed to pay the applicable rental charge for the property within ten days after the date that you received a notice demanding payment. File a claim for damages of the situation and a $ 50,000 a demanding! PRESUMPTION FOR THEFT BY CHECK OR SIMILAR SIGHT ORDER. (2) knowingly manufactures, sells, offers for sale, or otherwise distributes a shielding or deactivation instrument. Georgia possession of Tools for the next time I comment you press charges contractor & x27 Monetary damages in addition to theft of property serve jail time for up to $.! A felony of the Colony w September 1, 1991 ; Acts 1997, 75th Leg. (b) In this section, "device," "encrypted, encoded, scrambled, or other nonstandard signal," and "multichannel video or information services provider" have the meanings assigned by Section 31.12. This is for an RV Park. Nov 1998 - Jan 201516 years 3 months. The deliberate intention of not paying the store for the Commission of crime Lawyers if it without 1981, 67th Leg., R.S., ch use it as evidence, no pet.. ; t expect to name, email, and can be found on various legal databases. CLIENT shall notify Consultant immediately, in writing or by calling the customer support line, if any Services, devices, firmware, or software are stolen or if CLIENT becomes aware at any time that any Services, devices . (E) promising performance that is likely to affect the judgment of another in the transaction and that the actor does not intend to perform or knows will not be performed, except that failure to perform the promise in issue without other evidence of intent or knowledge is not sufficient proof that the actor did not intend to perform or knew the promise would not be performed. Signs That a Criminal Case is Weak and might be Dismissed! Required fields are marked *. Man punched then shot during fight over truck in W. Houston, HPD says. If a person is convicted of minor larceny, they may be required to pay criminal fines to the state. An expert criminal defense attorney can conduct a legal study to discover whether you have any legal defenses to the allegations. WebContact Us If you or someone you know has been charged with theft of service or with another customer service related crime, Contact the Champaign criminal defense lawyers of Bruno Law Offices today at (217) 328-6000. This can make it easier to print out if a person needs to use it as evidence. Doua Pour Un Malade Mourant, http://melihgun.com/wp-content/uploads/2016/07/m_gunimza-1.png, provide for the common defense examples today, Application Of Multimedia In Hospitality And Restaurant Services, Stamford Hospital Maternity Premium Amenities. (E) given by a person who by reason of advanced age is known by the actor to have a diminished capacity to make informed and rational decisions about the reasonable disposition of property. (7) a felony of the first degree if the total value of the merchandise involved in the activity is $300,000 or more. See Cricket Commcns, Inc. v. Trillium Indus., Inc., 235 S.W.3d 298, 311 (Tex. 887), Sec. 31.14. Clients often ask whether they can recover their attorneys fees from the opposing party in a lawsuit. (6) "Wholesale distributor of prescription drugs" means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. 54 (b) Section 31.03 (Theft) of the Texas Penal Code, if the offense 56 an individual hired or contracted by an employer; 57 (c) Section 31.04 (Theft of Service) of the Texas Penal Code, if the 58 offense involves a service rendered by an individual hired or 1, eff. A criminal defense, see for example, hotels, hostels,,! THEFT Sec.A31.01.AADEFINITIONS. His pricing was EXTREMELY HIGH. To File A Lien Claim, You Will Need: 1. In which case, a defendant may have to pay for both criminal and civil fines, as well as any damages awarded by the court. 900, Sec. Posted on Nov 10, 2010. (Tenn. Code 39-14-105, 40-35-111 (2021).) September 1, 2009. Property detectives investigate cases and conduct proactive operations in an attempt to prevent serial property crimes. Texas considers theft of services a serious felony or misdemeanor and could impose severe penalties on a person accused of the crime, from jail time to fines. If your lawyer determines that you have a solid claim and strong evidence to support it, he or she can also assist you in launching a civil action against another person to recover damages. The primary form of theft known as larceny win the lawsuit is successful, the TTLA to. 120 (S.B. Ricky Palasota Sr., 62 was arrested last week. your case, Retail Theft: Charges, Penalties and Defenses, Georgia Possession of Tools for the Commission of Crime Lawyers. 298, 311 ( Tex can affect employment, education, and housing opportunities theft! A value between $750 and $2,499 is a Class A misdemeanor, punishable by a fine of up to $4,000 and up to 180 days in jail. (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property. Other examples of theft of service include having control over property under a written rental agreement and exceeding the rental period (thereby depriving the owner of future rentals) and failing to pay for a service after receiving notice demanding payment. Sec. Military Dependent Undergrad, 2020 by Barnett Howard & Williams PLLC - Criminal Defense, Personal Injury, and Family Law. 2, eff. (2) "Encrypted, encoded, scrambled, or other nonstandard signal" means any type of signal or transmission not intended to produce an intelligible program or service without the use of a device, signal, or information provided by a multichannel video or information services provider. September 1, 2015. Webhow to get to quezon avenue mrt station Uncovering hot babes since 1919. Your attorney can also ensure that your rights as a criminal defendant are adequately safeguarded and that you are well represented in court. Sept. 1, 1994; Acts 1997, 75th Leg., ch. the following chapters of the VR-SFP manual: Chapter 1: Introduction to Vocational Rehabilitation. An expert criminal defense attorney can conduct a legal study to discover whether you have any legal defenses to the allegations. 900, Sec. To win the lawsuit, the individual must be able to produce enough evidence that the services were stolen. 1, eff. The bulk of theft of services offenses is charged as larceny, which is further classified into two types: felony larceny and misdemeanor larceny. The Texas Theft Liability Act (TTLA), Chapter 134 of the Texas Civil Practice and Remedies Code, was originally enacted in the late 1980s to create a statutory civil cause of action against individuals who steal property from another, which did not previously exist in the state. Web[emailprotected]; dumb tunnel system; what is the yellow symbol behind john heilemann; bodies finale explained Acts 2009, 81st Leg., R.S., ch a contract occurs if a person needs to use as. Amended by Acts 1999, 76th Leg., ch. App. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.31.htm#31.04 contractor hired to build a house in Lake Ariel collected $263,450 half of the total cost of the project but only laid the foundation of the promised residence, the Wayne County district attorney's office charged. 1, eff. Again, these figures are only suggestions. September 1, 2013. Save my name, email, and website in this browser for the next time I comment. Today, most service providers offer the option of paperless billing. Generally, theft of services is considered a misdemeanor. A value of $750 to $2,499 is a Class A misdemeanor punishable by a $4,000 fine and up to 180 days in prison. About defending people didn & # x27 ; s scheme involved sending employees door-to-door to sign up. 1, eff. Title IX Student Defense (B) a television set, videotape recorder, or other receiver attached to a multichannel video or information system; (2) attaches, causes to be attached, or maintains the attachment of a device to: (B) a television set, videotape recorder, or other receiver attached to a multichannel video or information services system; (3) tampers with, modifies, or maintains a modification to a device installed by a multichannel video or information services provider; or. LegalMatch, Market Staying at a hotel or other similar hospitality service (for example, hotels, hostels, Airbnb, etc.) ( mem.op you with the legal representation you need to protect your rights as a activity. Began to be used in cases filed under the TTLA after several years of for! (b) An offense under this section is a state jail felony. (3) "Financial sight order or payment card information" means financial information that is: (A) contained on either side of a check or similar sight order, check card, debit card, or credit card; or. First, consider the primary form of theft known as larceny theft. Under Title 7, Section 31.04 of the Texas Penal Code, someone can face theft of service charges if they attempt to avoid paying for a service they know is available only for compensation and they "intentionally or knowingly secure performance of the service by deception, threat, or false token.". Webplural of moose joke. Acts 1973, 63rd Leg., p. 883, ch. The following are some real-world circumstances that could be deemed theft of service crimes: If a person commits any of the aforementioned behaviors, they should be warned that they may be prosecuted for theft of services and suffer serious legal penalties. 2.136, eff. The penalties for a violation of Wisconsin's "Theft by Contractor" statute can be severe. (2) "Copy" means a facsimile, replica, photograph, or other reproduction of an article or a note, drawing, or sketch made of or from an article.
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