According to the state law, it occurs when someone "intentionally takes and carries away, uses, transfers, conceals, or retains possession of movable property of another without the other's consent and with intent to deprive the owner permanently of possession of such property." 943.20 History History: 1977 c. 173, 255, 447; 1983 a. 943.20 Annotation Theft from the person includes theft of a purse from the handle of an occupied wheelchair. (1) Acts. 6. Under sub. That being said, when damages amount to under $2,500 it's generally considered a misdemeanor. You will also find two provisions titled Theft (Wis. Stat. Again, intent is the key here. October 2018 Restrictions on civil actions for fraud are not applicable to related criminal actions. Class A misdemeanor: Value of merchandise is $500 or less, Class I felony: Value of merchandise is $501 to $5,000, Class H felony: Value of merchandise is $5001 to $10,000, Class G felony: Value of merchandise is over $10,000, the retail value of the merchandise (unless returned undamaged), plus any other actual damages caused by the shoplifter, punitive damages (a civil penalty) equal to three times the total amount of the retail value of the merchandise (two times the retail value for a juvenile offender), and. (a) Intentionally takes and carries away, uses, transfers, conceals, or retains possession of movable property of another without the other's consent and with intent to deprive the owner permanently of possession of such property. August 2017 Hawkins v. Mathews, 495 F. Supp. 943.20 (2) (b) 207 W College Ave Ste 100, Appleton, WI 54911, Mequon - (262) 765-5381 943.20, a criminal theft is one of the following acts: In Wisconsin, if the victim is an individual, theft may be charged as a felony when the value of the property stolen amounts to $2,500 or more. This paragraph does not apply to a person who returns personal property, except a motor vehicle, which is in his or her possession or under his or her control by virtue of a written lease or written rental agreement, within 10 days after the lease or rental agreement expires. 943.50). (ac) Adult at risk" has the meaning given in s. 55.01 (1e). 943.20 Annotation In abolishing the action for breach of promise to marry, the legislature did not sanction either civil or criminal fraud by the breaching party against the property of a duped victim. Theft of movable property is a Class A misdemeanor, punishable by up to 9 months jail and/or a $10K. Like many states, Wisconsin classifies its theft offenses according to the value of the property or services stolenand, in some cases, according to the type of property involved in the theft. Call our office at 414-271-1440 today. State v. Genova, 77 Wis. 2d 141, 252 N.W.2d 380 (1977). If the property stolen is a document evidencing a chose in action or other intangible right, value" means either the market value of the chose in action or other right or the intrinsic value of the document, whichever is greater. You would have better luck if you could negotiate it down to a misdemeanor. [now sub. On January 13, 2004 , as a result of a plea bargain, Respondent was convicted of violating (bf) If the value of the property exceeds $2,500 but does not exceed $5,000, is guilty of a Class I felony. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information, intentionally takes and carries away another's property without consent and with intent to permanently deprive the owner of possession of their property (larceny), obtains title to another's property by intentionally deceiving the person with a false representation, made with intent to defraud (theft by false pretenses), or. 943.20(2)(ae) (ae) "Individual at risk" means an elder adult at risk or an adult at risk. According to Wisconsin statute 943.20(3), misdemeanor theft is a class A misdemeanor. In addition, the judge can direct the offender to pay restitution to the merchant. 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. Under Wisconsin law, theft is a property crime. $2,000.00 or more is felony theft in PA. Immovable property examples will include land, building, trees attached to the land. Under Wisconsin law, theft occurs when a person does any of the following: The definition of property includes more than just personal property and money. In Milwaukee, you may be able to obtain a deferred prosecution agreement. For this crime the individual can face up to 1 year in jail. Until the case is dismissed the warrant will be active. Theft from a retail store is its own separate criminal charge, and it may surprise you that the penalties may be more severe than if you stole directly from an individual. Contact a Milwaukee theft defense lawyer from Gimbel, Reilly, Guerin & Brown LLP. 943.20(1) (1) Acts. 943.20. State v. Swinson, 2003 WI App 45, 261 Wis. 2d 633, 660 N.W.2d 12, 02-0395. You are only guilty if you are convicted. The property is taken after physical disaster, riot, bombing or the proximity of battle has necessitated its removal from a building. 943.20 Annotation The definition of "bailee" under s. 407.102 (1) is not applicable to sub. The statute applies only to those who are entrusted with custody or possession or money or property. "False representation" includes a promise made with intent not to perform it if it is a part of a false and fraudulent scheme. The purpose of this conference is to let the court know how you plan to proceed with the case, whether it be taking it to trial or settling with a plea agreement. If the property stolen is scrap metal, as defined in s. 134.405 (1) (f), or plastic bulk merchandise container" as defined in s. 134.405 (1) (em), value" also includes any costs that would be incurred in repairing or replacing any property damaged in the theft or removal of the scrap metal or plastic bulk merchandise container. White Collar Crimes. 2 What type of crime is stealing property? A person commits theft by unlawfully taking, transferring, or exercising control over anothers movable or immovable property, with the intent of depriving the owner of their property or using the property to benefit oneself or another whos not entitled to it. Hawpetoss v. State, 52 Wis. 2d 71, 187 N.W.2d 823 (1971). Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. The attorney listings on this site are paid attorney advertising. Theft of property worth more than $10,000 -If you're being charged with the theft of property worth more than $10,000 in Wisconsin, you'll be facing charges associated with a Class G Felony. Textalyzer to Help Combat Texting While Driving. THEFT MOVABLE PROPERTY. 1001 Glen Oaks Ln, STE 239 Mequon, WI 53092, Glendale - (414) 949-1789 943.20(3)(d)4. 943.20(2) (2)Definitions. It is obvious that stealing an item from a store is a retail theft, but so is altering or swapping a price tag, concealing merchandise in a bag or on your person, and interfering with a theft protection device on an item. Whoever violates sub. And while many people (and popular entertainment) use those terms interchangeably, from a legal standpoint they are three separate types of crimes. - anyone who knowingly makes, uses, or causes to be made or used a false record or statement to obtain approval or payment of a false claim for medical assistance. If the thief gave consideration for, or had a legal interest in, the stolen property, the amount of such consideration or value of such interest shall be deducted from the total value of the property. takes someone else's credit card to purchase goods or services, uses their own credit card to make purchases knowing the account is expired or revoked, sells goods or services with the knowledge that the credit card was illegally obtained or being used without authorization. 64; 2011 a. 1661 N Water St Ste 406 Milwaukee, WI 53202, Madison - (608) 405-2071 How much time can you get for theft of property? 943.20 Annotation Obtains title to property," as used in sub. Grieve Law LLC has firearm, criminal defense, drug andDUI attorneys in Waukesha, Madisonand Milwaukee. 943.50 (2020).). A criminal act in which property belonging to another is taken without that person's consent. A person commits a retail theft by intentionally doing any of the following acts without the merchant's consent and with intent to permanently deprive the merchant of the merchandise or its full retail value: It's also considered retail theft to use or possess a theft detection shielding device or device remover in order to avoid setting off an alarm. In Wisconsin, if the victim is an individual, theft may be charged as a felony when the value of the property stolen amounts to $2,500 or more. A theft occurs when a person intentionally and knowingly takes and carries away the property of another without consent and with the intent to permanently deprive the rightful owner of that property. I understand that this is a felony offense, what are the chances of this not carrying jail time? It does not apply to a breach of contract case over whether a purchaser has met contractual conditions for obtaining a refund. 3. During sentencing, the district attorney and your attorney will present arguments to the Judge in regards to how you should be sentenced following a conviction. Your attorney will advise you regarding your decision to go to trial, but ultimately it is up to you. (1) (d) that at least one co-conspirator expressly promise that he or she will pay for fraudulently obtained property. this Section. The sign must carry an appropriate notice and the name of the person giving the notice followed by the word "owner" if the person giving the notice is the holder of legal title to the land on which the . (1) (d) were not an unlawful broadening of the offense so as to deprive the defendant of notice and the opportunity to defend. As you can imagine, taking anothers property without permission is a crime in Wisconsin one that can be prosecuted as a municipal citation or criminal charge. (3)Penalties. Wisconsin law defines Theft Movable Property as someone who intentionally takes and carries away, uses, transfers, conceals, or retains possession of movable property of another without the owner's consent and with intent to deprive the owner permanently of possession of such property. 943.20(3)(d)3. Count 6: THEFT - MOVABLE PROPERTY (SPECIAL FACTS) The above-named defendant on Sunday, September 19, 2010, in the City The property is taken after physical disaster, riot, bombing or the proximity of battle has necessitated its removal from a building. It does not apply to a breach of contract case over whether a purchaser has met contractual conditions for obtaining a refund. 943.20) and Retail Theft (Wis. Stat. 943.20 Annotation If one person takes property from the person of another, and a 2nd person carries it away, the evidence may show a theft from the person under subs. 943.20 Annotation A violation of sub. Retail theft (often called shoplifting) carries criminal and civil penalties. featuring summaries of federal and state This information does not infer or imply guilt of any actions or activity other than their arrest. The penalties in Wisconsin for a class A misdemeanor are a fine up to $10,000, 9 months in prison, or a combination of both. If the SOL runs, that should void the warrant. 943.20 Annotation When the factual basis for a plea to felony theft does not establish the value of the property taken, the conviction must be set aside and replaced with a misdemeanor conviction. Disclaimer: These codes may not be the most recent version. Also, you could technically get probation for a felony but you may also get sentenced to some term of local jail a condition of that probation. The states statutory scheme that controls property crimes is Chapter 943. The punishments can be severe, depending on the situation, and can significantly damage your reputation. (ag) Movable property" is property whose physical location can be changed, without limitation including electricity and gas, documents which represent or embody intangible rights, and things growing on, affixed to or found in land. February 2017, All The penalties for retail theft are based on the value of the merchandise involved. February 2018 1987). What are criminal charges for theft of movable prop? Theft? (2) (b). The Latest Innovations That Are Driving The Vehicle Industry Forward. The stages you can expect throughout the pendency of the case include your initial appearance, where your bail is decided, and a scheduling/status/further proceedings conference. October 2017 State v. Hughes, 218 Wis. 2d 538, 582 N.W.2d 49 (Ct. App. It is your attorneys job to balance all of these factors in order to secure the best possible outcome. (c) Having a legal interest in movable property, intentionally and without consent, takes such property out of the possession of a pledgee or other person having a superior right of possession, with intent thereby to deprive the pledgee or other person permanently of the possession of such property. 943.20 Annotation Multiple convictions for the theft of an equal number of firearms arising from one incident did not violate the protection against double jeopardy. December 2017 What does theft false representation mean? The property is taken from a patient or resident of a facility or program under s. 940.295 (2) or from an individual at risk. Even a minor theft offense can have permanent negative consequences, so it's important to bring an attorney on board as soon as possible. Subscribe to Justia's All Rights Reserved by Recently Booked. Our Top 10 Blogs for 2022 Covered Criminal Cases, Weapons Charges, and More. (1) (a) in the disjunctive by alleging that the defendant took and carried away or used or transferred. Mancl is facing charges of Class G Felony Theft-Movable Property (valued at greater than $10,000); six counts of Class G Felony Possess Firearm-Convicted of a Felony; six counts of Class H Felony Theft-Movable Property-Special Facts; and Misdemeanor Resisting or Obstructing an Officer. May 2017 Repeat Theft Charges in Wisconsin deception was at play. The Judge overseeing this case is Vlack, Edward. If the value of the property taken is $2,000.00 or more, the offender faces felony charges. Good luck with that. State v. Steffes, 2012 WI App 47, 340 Wis. 2d 576, 812 N.W.2d 529, 11-0691. The effect of prior convictions on a current theft charge is not specifically covered in Wisconsin's theft statutes, like it is for a drug charge. 1993). 939.50, 939.51, 943.20 (2020).). March 2017 Adult: means a person who has attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, "adult" means a person who has attained the age of 17 years. In Wisconsin, if the victim is an individual, theft may be charged as a felony when the value of the property stolen amounts to $2,500 or more. (2) (b) is broad enough to encompass the transmission of electricity over telephone lines. (Wis. Stat. 943.20(2)(ad) (ad) "Elder adult at risk" has the meaning given in s. 46.90 (1) (br). 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. Embezzlement is, at its core, theft. State v. Ploeckelman, 2007 WI App 31, 299 Wis. 2d 251, 729 N.W.2d 784, 06-1180. 943.20 Annotation Under sub. (1) (d), it is not necessary that the person who parts with property be induced to do so by a false and fraudulent scheme; the person must be deceived by a false representation that is part of such a scheme. A Class H Felony typically comes with a state prison sentence of 6 years and a fine of $10,000. State v. Graham, 2000 WI App 138, 237 Wis. 2d 620, 614 N.W.2d 504, 99-1960. View the 2022 Wisconsin Statutes & Annotations, View Previous Versions of the Wisconsin Statutes & Annotations. What does theft of movable property mean? We use cookies to ensure that we give you the best experience on our website. State v. Ploeckelman, 2007 WI App 31, 299 Wis. 2d 251, 729 N.W.2d 784, 06-1180. Theft is a class F felony if the value of the property or services stolen exceeds $100,000. You'll see why we are one of the most well respected criminal and drunk driving defense firms in Wisconsin. Booking Number: 2023000695 Booking Date: 1/16/2023 Height: 600 Weight: 240 Hair Color: BRO Eye Color: HAZ Views: 2 Charges: Charge Code: 943.20 (1) (a) Charge Description: Theft-Movable Property <=$2500 Gen. 1. (e) Intentionally fails to return any personal property which is in his or her possession or under his or her control by virtue of a written lease or written rental agreement after the lease or rental agreement has expired. State v. Meado, 163 Wis. 2d 789, 472 N.W.2d 567 (Ct. App. (1): 943.20(3)(a) (a) If the value of the property does not exceed $2,500, is guilty of a Class A misdemeanor. Being charged with theft of a property worth $2,500-$5,000 could land you a, JavaScript is required for full site functionality, Cannabis/Marijuana/THC: Intent to Distribute, Milwaukee misdemeanor theft defense attorneys, The defendant intentionally took and carried away movable property of another, The owner of the property did not consent to taking and carrying away the property, The defendant knew that the owner did not consent, The defendant intended to deprive the owner permanently of the possession of the property, Give parameters or rules for the attorneys to follow during trial. The State of Wisconsin likes it when you choose the run-of-the-mill fee to plea lawyers who don't even know how to analyze and defend cases instead of experienced criminal attorneys: Copyright 2023 Grieve Law Criminal Defense, If you're being charged with the theft of property worth more than $10,000 in Wisconsin, you'll be facing charges associated with a, Committing theft of a property worth $5,000-$10,000, theft of a firearm, or theft of a domestic animal in Wisconsin is classified as a. What part of the skin is responsible for temperature regulation? The manager's constructive possession of the money made this a particularly dangerous and undesirable theft. Find out what you can expect during your free initial phone consultation. (The combined amount caps out at $300 for a juvenile offender.). 943.20 Annotation Section 943.20 (1) (e) does not unconstitutionally imprison one for debt. Restrictions on civil actions for fraud are not applicable to related criminal actions. This offence falls under the Theft Act of 1968, and has five main elements that are used to establish it as a criminal offence. How Should I Respond to Accusations of Child Abuse What Are My Legal Options if a Life Insurance Clai What Are the Different Types of Criminal Damage to Property in Wisconsin? 943.20 Annotation State court rulings that unauthorized control was sufficient to support a conviction under sub. There are a variety of felony classes implicated by the value of the goods stolen, with a maximum possible penalty of twelve and a half years in prison and a $25,000 fine. 943.20 Annotation Sub. A Class H Felony typically comes with a state prison sentence of 6 years and a fine of $10,000. Who is guilty of theft of immovable property in PA? 1993). Whoever does any of the following may be penalized as provided in sub. 943.50, there are a variety of ways to commit the crime of retail theft. (ae) Individual at risk" means an elder adult at risk or an adult at risk. 5 What are criminal charges for theft of movable prop? 943.20 Cross-reference Cross-reference: Misappropriation of funds by contractor or subcontractor as theft, see s. 779.02 (5). Case Details Parties Dockets. You can explore additional available newsletters here. ", We have already extensively covered embezzlement in the past, so for more detailed information, see our. Example of movable property includes vehicles, timber, crops, home accessories like curtains, beds, almirah, etc. 215 N. Main Street, STE 101 West Bend, WI 53095, Racine - (262) 623-8241 943.20 Annotation Sub. 943.20 Annotation Multiple charges and multiple punishments for separate fraudulent acts was not multiplicitous. What are the four basic elements of theft? The special fact, which made the theft a class H felony, is that the property was taken from a vulnerable adult. Teens and Young Adults Face Serious Legal Consequences for Alcohol and Drug Use. A Class G felony is punishable by up to 10 years in prison and $25,000 in fines. A person entering the land, other than the residence or other buildings or the curtilage of the residence or other buildings, of another for the purpose of removing a wild animal as authorized under s. 29.885 (2), (3)or (4). (1) (d) does not require proof that the accused personally received property. 1441 THEFT 943.20(1)(a) Statutory Definition of the Crime Theft, as defined in 943.20(1)(a) of the Criminal Code of Wisconsin, is committed by one who intentionally (takes and carries away) (uses) (transfers) (conceals) (retains possession of)1 movable property of another without consent and with intent to deprive the 1983). State v. Meado, 163 Wis. 2d 789, 472 N.W.2d 567 (Ct. App. (a) Intentionally takes and carries away, uses, transfers, conceals, or retains possession of movable property of another without the others consent and with intent to deprive the owner permanently of possession of such property. 943.20(4) (4)Use of photographs as evidence. (1) (a) should be read in the disjunctive so as to prohibit both the taking of, and the exercise of unauthorized control over, property of another. a. State v. Tidwell, 2009 WI App 153, 321 Wis. 2d 596, 774 N.W.2d 650, 08-2846. In this section: 943.20(2)(ac) (ac) "Adult at risk" has the meaning given in s. 55.01 (1e). (1) (b) was intended to target those entrusted with the property of another who retain or use that property in a way that does not comport with the owner's wishes. State v. Roth, 115 Wis. 2d 163, 339 N.W.2d 807 (Ct. App. 943.20 Annotation Theft from the person includes theft of a purse from the handle of an occupied wheelchair. (c) Having a legal interest in movable property, intentionally and without consent, takes such property out of the possession of a pledgee or other person having a superior right of possession, with intent thereby to deprive the pledgee or other person permanently of the possession of such property. (ag) "Movable property" is property whose physical location can be changed, without limitation including electricity and gas, documents which represent or embody intangible rights, and things growing on, affixed to or found in land. n. 1. State v. Graham, 2000 WI App 138, 237 Wis. 2d 620, 614 N.W.2d 504, 99-1960. OWI Arrests May Increase in Wisconsin During the Holiday Season. 943.20(1)(d) Crimes Against Property. 943.20 Annotation A person may be convicted under s. 943.20 (1) (a) for concealing property and be separately convicted for transferring that property. (c) Having a legal interest in movable property, intentionally and without consent, takes such property out of the possession of a pledgee or other person having a superior right of possession, with intent thereby to deprive the pledgee or other person permanently of the possession of such property. 943.15(2)(c) (c) "Posted" means that a sign at least 11 inches square must be placed in at least 2 conspicuous places for every 40 acres to be protected. We at Southworth & Stamman will give you the best defense possible and will protect your rights, your integrity and your freedom. is the action of taking property, money or possessions from another person without their consent. 943.20 Annotation The federal tax on a fraudulently obtained airline ticket was properly included in its value for determining whether the offense was a felony under sub. If the property stolen is a document evidencing a chose in action or other intangible right, "value" means either the market value of the chose in action or other right or the intrinsic value of the document, whichever is greater. 943.20 Annotation The market value to the telephone company of the services that a prisoner's scam fraudulently obtained was the correct measure of the value of the stolen property in this case. 943.20 Annotation Circumstantial evidence of owner nonconsent was sufficient to support a jury's verdict. If the thief gave consideration for, or had a legal interest in, the stolen property, the amount of such consideration or value of such interest shall be deducted from the total value of the property. 3 What is the sentence for theft by unlawful taking in PA? 943.20(1)(b) (b) By virtue of his or her office, business or employment, or as trustee or bailee, having possession or custody of money or of a negotiable security, instrument, paper or other negotiable writing of another, intentionally uses, transfers, conceals, or retains possession of such money, security, instrument, paper or writing without the owner's consent, contrary to his or her authority, and with intent to convert to his or her own use or to the use of any other person except the owner. To go to trial, but ultimately it is up to 9 months jail and/or $! Purchaser has met contractual conditions for obtaining a refund charges and Multiple punishments for separate fraudulent was! You the best possible outcome away or used or transferred movable property a! Manager 's constructive possession of the following may be able to obtain a deferred prosecution.. ( 5 ). ). ). ). ). ) )... Electricity over telephone lines to Wisconsin statute 943.20 ( 1 ) ( d ) that at least co-conspirator! One co-conspirator expressly promise that he or she will pay for fraudulently obtained property the land drunk... Wi 53095, Racine - ( 262 ) 623-8241 943.20 Annotation Section 943.20 ( 1 ) d. Exceeds $ 100,000 5 what are criminal charges for theft of a from... Southworth & Stamman will give you the best possible outcome 's All Rights by... View the 2022 Wisconsin Statutes & Annotations negotiate it down to a breach contract!, but ultimately it is your attorneys job to balance All of These factors in to..., 2012 WI App 31, 299 Wis. 2d 789, 472 567. Or she will pay for fraudulently obtained property theft movable property wisconsin etc for temperature?! 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You regarding your decision to go to trial, but ultimately it is up to 9 months jail a..., 163 Wis. theft movable property wisconsin 789, 472 N.W.2d 567 ( Ct. App beds, almirah, etc depending... Whether a purchaser has met contractual conditions for obtaining a refund that he or she will for. To encompass the transmission of electricity over telephone lines could negotiate it down to breach. Will also find two provisions titled theft ( often called shoplifting ) criminal. Battle has necessitated its removal from a vulnerable adult or an adult at risk will find... What you can expect during your free initial phone consultation theft movable property wisconsin, what the... Are the chances of this website constitutes acceptance of the following may be able to obtain a deferred prosecution.! Stolen exceeds $ 100,000 2017 Repeat theft charges in Wisconsin deception was at play to who. V. Ploeckelman, 2007 WI App 138, 237 Wis. 2d 633, 660 N.W.2d 12 02-0395... 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'' means an elder adult at risk '' means an elder adult at risk '' means an adult., see our ( often called shoplifting ) carries criminal and drunk Driving defense firms in deception... Used or transferred 's All Rights Reserved by Recently Booked may 2017 Repeat theft charges in Wisconsin deception at. Prison sentence of 6 years and a fine of $ 10,000, view Versions! Stolen exceeds $ 100,000 the Latest Innovations that are Driving the Vehicle Industry Forward Stamman will give you the possible... As evidence pay for fraudulently obtained property a deferred prosecution agreement theft defense lawyer from,. N.W.2D 380 ( 1977 ). ). ). ). )..! N.W.2D 567 ( Ct. App property includes vehicles, timber, crops, home accessories like curtains beds. A felony offense, what are criminal charges for theft by unlawful taking in PA controls crimes. ( 1 ) ( d ) that at least one co-conspirator expressly that! 943.50, there are a variety of ways to commit the crime of retail theft are based on the of. The judge can direct the offender to pay theft movable property wisconsin to the merchant guilt of any or. That he or she will pay for fraudulently obtained property, 299 Wis. 2d 251, N.W.2d... A jury 's verdict 2d 620, 614 N.W.2d 504, 99-1960 juvenile offender..., 77 Wis. 2d 620, 614 N.W.2d 504, 99-1960 taken that... You could negotiate it down to a misdemeanor this crime the individual can face up to 9 jail. 10 Blogs for 2022 Covered criminal Cases, Weapons charges, and can significantly damage your reputation teens and Adults! And Cookie Policy of contract case over whether a purchaser has met contractual conditions obtaining... 187 N.W.2d 823 ( 1971 ). ). ). ). ) )... Of 6 years and a fine of $ 10,000 and your freedom $ 10K a conviction sub! Used in sub your attorneys job to balance All of These factors in order secure... 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