Filing a false police report in Pennsylvania is always a crime, but the punishment depends on individual circumstances. Warning Signs of Job Scams and How to Protect Yourself, How to Transfer Property After Death Without Will. What Is the Deep Web and What Can Be Found There? First, you should realize that cooperation will not necessarily mean that you will get a fair result. His interview with Matt Lauer is a masterclass in topic avoidance, and a prime example of someone working in vocabulary they just learned from their lawyer hours before going on television. If youre in this situation, the best thing you can do is to fight back. Its something almost all of us were taught just as a matter of principle when we werent more than a few years old. If you have been charged with committing the crime of making a false police report call criminal defense lawyer, Aaron J. Boria today (734) 453-7806. People accused of filing a false police report can also be charged with the similar offenses: However, defendants who get convicted for making a false police report may be able to get it expunged. 2023 All rights reserved. A graduate of the University of Kansas, Brian Clausen is the U.S. news reporter for Dopplr. During a friendly soccer game where no other comments were made is one thing, while in the parking lot during a one-on-one confrontation after the game is another. Copyright Dopplr Legal News and Information. Any time a person knowingly tells a law enforcement officer or dispatcher that a crime is or has taken place when in fact it is a lie has essentially filed a false report. A conviction for False Report to Peace Officer, Federal Special Investigator, or Law Enforcement Employee is punished as a Class B misdemeanor, [2] with a maximum possible fine under Texas state law of up to $2,000 and jail time of up to 180 days. Contact us to speak to one of our knowledgeable lawyers about your case today. His swimming buddy had to pay almost $11,000 just to leave the country (after being pulled off his flight) and Lochte himself is under investigation. (This may not be the same place you live). Again, the person who filed the false report may not have intended to provide false information. Filing a false lien can result in a misdemeanor or even a felony charge. Any statements that prompt police to respond to or investigate a crime is considered a police report. applicable subsection. However, if the judge finds the behavior particularly hateful or there is an existing criminal record involved, it is possible. He or she must be able to prove the following before criminal charges are filed: 1. That lawsuit will often be for: If successful, these lawsuits can lead to a substantial verdict or settlement against the defendant. Even if you are innocent, the best thing you can do is hire an attorney to defend you. What Is the Difference Between Slander & Defamation of Character? Even seemingly harmless statements as to where you were when the crime was committed can be problematic later on. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Disclaimer: Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC provides legal advice and represents clients in Pittsburgh, PA (Pennsylvania), and other communities throughout Allegheny County and Western Pennsylvania. The purpose of a police report is to have a record of each specific event to refer to when referencing the incident, such as during a legal case. She has the experience you need to get to the truth and to help you get justice. What is the penalty for filing a false police report in Missouri? In most instances, filing a false police report falls under the misdemeanor classification. For example, if you furnish the FBI with fake paperwork you created on your own computer that wrongly frames your boss for embezzling money, you can be arrested for giving false reports to law enforcement. The bill also establishes crime of false 9-1-1 call with purpose to intimidate or harass based on race or other protected class. Federal law can be even tougher. Login. Making false alarms. Thank you for all the helpful information and the excellent chart of all the states with their respective penalties attached to it. What is the penalty for filing false affidavits in court? We will fight for your rights to make sure you get a fair result and make sure that those who have falsely accused you are held accountable. You also have to prove that the person knew it was false when it was made. Falsely accusing someone could also lead to civil claims, such as defamation. Those records become a criminal history or criminal record if the individual is successfully convicted of such crimes. If youve been falsely accused of a crime, you need to remember that you have rights: Law enforcement may be charged with protecting our rights, but its up to you to protect yourself. You can quickly become overwhelmed and the situation may seem almost hopeless. The grade of misdemeanor depends on the type of false report filed. Learn how your comment data is processed. Even so, the collateral damage of a charge on your record is more commonly the outcome. (1)If the violation of subsection (a) or (b) occurs during a declared state of emergency They would do this to seek substantial damages. FRAUDULENT FILING OF FINANCING STATEMENT. Also, any false reports that result in injury to another person, property damage, or a major police response (swat teams, helicopters) are likely to be charged at the felony level. Halloween is a fun time for all who choose to celebrate, For many, summer means great weather, long-awaited vacations, and no school. One time she filed a stalking charge because she was at a store near my work & I showed up there. (a) Falsely incriminating another.--Except as provided in subsection (c), a person who knowingly gives false information to any law . You must prove that the report was false, since truth is a complete defense. Some police departments will allow you to file a report through their website, but you should follow up in-person or over the phone as well. Civil penalties may include reimbursement of attorney fees for the defendant in defending their claim, damages for lost wages, emotional distress, and other related civil damages. Request a Call Back and our team will get in touch with you ASAP. What Happens If You Get Caught Driving a Car Without Interlock, Situational Crime Prevention: Theory, Techniques and Examples. Making a false police report is a different thing altogether. Many state legislators have acted to make swatting a felony offense and to create specific penalties for the act. But, as a lot of the country is witnessing, you can get yourself in a mountain of legal trouble if you lie to law enforcement, especially when you are visiting another country. what's the penalty for lying to police? And while these certainly qualifies under the legal definition of harassment in PA, there are many more types of conduct that constitutes harassment which you may not realize. False Police Report in Michigan. We cannot guarantee that the information you receive through Can you go to jail for false accusations in Missouri? Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. If youve been charged, its vital that you speak to our experienced criminal lawyers in Philadelphia to determine and achieve the best possible outcome for you. to any law enforcement officer with intent to implicate another commits a misdemeanor Law, Insurance DearCustomer Here is the State Statute for false swearing: 4903. Unfair, unsafe, or illicit trade practice is not tolerated within U.S. supply chains.The goal of the Penalties Program is to ensure that penalties are effective in deterring noncompliance. Remember that defamation law focuses on injuries to reputation. How to Press Charges for False Accusations. Defendants can file a false report if they are interacting with any of the following people: Filing a false police report is one of several types of speech that is left unprotected by the First Amendment. Filing a false report about a burglary in order to collect insurance money could be escalated to a more significant classification of crime depending on the amount of money involved (such as faking a death). She didn't even show up to court. The bottom line is that false accusations happen more often than most people realize and far more often than the police are willing to admit. If you or someone you know were charged with a crime in your city or had to pay a fine as a result of an officer writing a false report, you need to contact a police brutality lawyer who can help you report the act of misconduct. The law 3 reads: (1) A person commits the offense of making a false report of child abuse if, with the intent to influence a custody, parenting time, visitation or child support decision, the person: (a) Makes a false report of child abuse to the Department of Human Services or a law enforcement agency, knowing that the report is false; or. If convicted, that person could face up to two years in jail and up to $5,000 in fines. Fines for class C felonies of not more than $15,000, plus no more than double any gain to the defendant or loss to the victim caused by the crime. Being charged with False Police Report is a serious accusation of a criminal offense that could land you in jail or even prison. |. Did Law, About If you have been charged with giving false reports to law enforcement, you need an experienced and aggressive Pittsburgh criminal defense lawyer who can defend your interests and protect your rights. What Information Can You Get From A License Plate, How to Find out if Your Partner is Cheating. Lying, or filing a false report, to police is too great of a risk to take. If it's in your best interest, we will work to negotiate a lesser sentence. My office also offers flat rate pricing and free consultations, for additional information please visit my firm's website at www.AlleghenyAttorneys.com or by calling my office at 412. . In California, making a false police report is defined by California Penal Code 148.5 PC. When considering sentences, the court will favor probation if no serious harm was caused as a result of the false reporting, if this is the first offense, if there was strong provocation or if the circumstances of the false report are unlikely to recur, explains the consolidated statutes website. The prosecution will need to prove that the person who filed the false police report meets the specific elements of the crime of filing a false police report. The individual that files a false report could be charged whether they affirmatively make a false statement, or if they deliberately withhold information that is material to a criminal investigation. However, if you make a false report of a stolen vehicle, you can be charged with a felony. Prior case results or client testimonials do not guarantee or predict a similar outcome in any future case. They would do this to seek substantial damages. Making a Terroristic Threat: What is Considered Terroristic Threatening? Marx holds a master's degree in mental health counseling from the University of Vermont. In the event that the person retracts their perjured statement . Section 2917.32. *Featured image from Chan-Fan, via Wiki Commons. Common Amazon Scams and Ways on How to Avoid Them. You also have to consider the motivations of the person who is providing the police with false information. Other charges may be filed, as well, such as auto insurance fraud. Lying, or filing a false report, to police is too great of a risk to take. created or verified by RecordsFinder. The first is when a person files a fictitious report. Governor Phil Murphy today signed legislation (A1906), which would amend current law to include false incrimination and filing a false police report as a form of bias intimidation. Criminal statutes and court decisions define who has to receive the report for it to fall under a false reporting law. Section 2917.32 | Making false alarms. All rights reserved. He is banned from domestic and international competition until June 30, 2017; the other three U.S. swimmers implicated alongside him each received four month suspensions.). In order to be charged in filing a false police report, the prosecution must show "mens rea" or that you intentionally filed the report knowing it to be false. He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. If convicted, you face not only prison time and fines but also the long-term ramifications of a permanent criminal record. How to Get Custody of a Child Without Going to Court? Shouse Law Group: Making a False Report of a Crime, Falsely reporting some type of theft or damage, Deliberately exaggerating the value of items stolen. Likewise, if the false police report is made in order to file an insurance claim, it is considered insurance fraud, which is prosecuted as a felony. Under Pennsylvania law, a person falsely incriminates another when they knowingly give false information to any law enforcement officer with the intent to implicate another. Minor lies, such as lying about the details of a minor incident to build evidence in a civil case will likely result in misdemeanor penalties. It should be noted that we are only covering false incident reports/statements to police, not including a false bomb threat; perjury happens in a court of law and is a subject for another time. Penalties differ slightly in each state, so we put together an easy-to-read table. It will be interesting to see whether Brazil presses charges against Ryan Lochte for his crime. They are attempting to conceal their own role in the crime. The Law Office of Vincent J. Caputo is here to assist in all . Please complete the form below and we will contact you momentarily. degree if he: (1)reports to law enforcement authorities an offense or other incident within their concern Charges and Penalties. In either situation, the state would have to present evidence that the comment was meant to harass ror alarm the victim and was likely to do so. Filing a false police report in Florida is classified as a misdemeanor under Florida's criminal statute. The next morning, he calls 911 to report that his parked car was damaged by a hit-and-run driver. (412) 281-2146 or advice@pittsburghcriminalattorney.com. If a person files a false report, and someone incurs physical injury during law enforcement's response to address the reported crime, the person . 37.101. Such criminal records are accessed by employers doing background checks, schools investigating applicants, adoption agencies, and countries considering whether to allow a visa application. At Wimmer Criminal Defense Law, we truly believe that you are innocent until proven guilty. San Francisco Police: California Penal Code 148.5PC. law enforcement employees who take reports from citizens, like 911 operators. Last Updated: December 21, 2021. Misdemeanor Charges: Types, Classes, and Penalties, Guide to Find Information About a Person Online, Guide on How to Remove a Mugshot from the Internet. 6106 of Title 23 (Domestic Relations); sections 5552, 62A05 of Title 42 (Judiciary Many states will seek jail time and/or thousands of dollars in fines for doing this. Continuing to make false statements in court (claiming the false report was real) can result in additional charges added to the docket, including perjury. Learn about the differences between grades of felonies and misdemeanors. Of course, serving time comes with a lot of additional baggage, too. Alex J. Esq. The man who called in the false report was eventually tracked down and charged with a felony crime punishable with up to life in prison. I offer a free consultation so that I can learn about you, learn about your case and determine how I can help. A: An affidavit is a sworn statement made before a commissioner for oaths, a notary public, a justice of the peace or a lawyer . In others, it is included in the criminal law that forbids filing a false police report. I DEFEND ALL false report of a crime CASES. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. Legal Definition of Defamation of Character. The Disturbing Facts of Gun Violence in America. & Marriage License vs Certificate: Everything You Need to Know, Dealing with abandoned vehicles in your neighborhood, How to Find Someone's Cell Phone Number by Their Name, How To Find Unclaimed Money From Deceased Relatives, Murder vs Manslaughter: The Differences and Definitions. Cross References. Copyright 2023 Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC, Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC, Wheeling Man Acquitted on Dozen Criminal Charges, Federal Probation for Illegal Steroid Sales Case, Probation for Federal Marijuana Trafficking Case, Sentence Reduction Despite Clients Record, Pittsburgh Crimes Against the Public And Peace Attorneys, Crimes Against the Public And Peace Overview. States have definitions of false reporting that are equal parts specific, vague or . Community service. If the offender is mentally ill, the court can sentence him to treatment. Its a story that just got stranger and stranger as the clock turned, but now that all the details appear to have come out and the dust has settled, its safe to say that Ryan Lochte probably should not have lied; to the police or to his mother. This is particularly the case in situations where the accused has a prior criminal record. This is why it is considered an illegal act when someone files a false police report as it eventually causes the waste of public resources. In his spare time off from the legal world and quest for knowledge, this 3rd degree black belt and certified instructor aspires to work with various charities geared towards bringing access to entertainment and gaming to all persons. (b)Fictitious reports.--Except as provided in subsection (c), a person commits a misdemeanor of the third False police reports are a growing and potentially dangerous aspect of law enforcement and a headache for public prosecutors. Except as provided in subsection (c), a person who knowingly gives false information to any law enforcement officer with intent to implicate another commits a misdemeanor of the second degree. The frequently asked questions (FAQs) below provide more information on what steps to take to protect yourself, report fraud or alert potential concerns of fraud to L&I. Law, Employment Law enforcement officers often assume that since you have prior convictions, it stands to reason that you committed the crime that you are now being accused of. Click here. The Pennsylvania Post Conviction Relief Act (PCRA): Claims to Raise in a PCRA Petition, Criminal Defense Referrals in the Philadelphia Area, Trafficking and Intent to Deliver Defense, Petty Disorderly Persons Offenses (New Jersey). Section 4906 is referred to in sections 2709, 2709.1, 6105 of this title; section In this section, we offer solutions for clearing up your prior record. Overview of Pennsylvania Perjury Laws. Posted on May 9, 2022. Phone: 215-568-1400 If you have filed a police report in good faith, but later learn that information you provided was false, then it is important that you alert law enforcement as soon as possible. We've helped more than 6 million clients find the right lawyer for free. Your false police report is highly likely to lead to the arrest of the person you are filing the report against. Section 4906 - Title 18 - CRIMES AND OFFENSES. False swearing. If you have been accused of committing a crime, it is critical to understand your rights. CBP Trade enforces law by targeting and penalizing lawbreakers through monetary penalties and legal action. Finally, you have to show that the false police report about you was "injurious." He may very well even be under indictment, if Brazil wants to go through with that process. Secondly, the communication must provide evidence of intent to harass, annoy, torment or embarrass the victim. $5,000 in fines, or twice what the defendant gained from the offense. Law, Immigration In many states along with California, New York, Alaska, San Diego, and Arizona, it is illicit to file a . We trust the police and prosecutors to verify claims made by witnesses and prosecute only those crimes that they believe are valid. It is often done by presenting evidence that the person making the accusation is acting with an ulterior motive. A Charlotte driver is accused of filing a false police report after allegedly lying to law enforcement that her car had been stolen to avoid penalties for causing a hit-and-run accident. LegalMatch Call You Recently? How to Prepare For an Active Shooter Incident, How to Protect Yourself Against Cyber Attacks, 50 Things to Know When Filing for Divorce, What to Do When You Are Stopped By the Police, Tips for Back-to-School Safety and Security, Keeping Your Neighborhood Safe For Your Family, A Parent's Guide to Keeping Your Child Drug-Free. Most states, however, treat the offense as a misdemeanor. She has now, as I've been expecting because all else failed, decided to make a police report alleging that I hit my 6 yr old son. According to documents filed in this case and statements made in court: A criminal charge for false reporting is not the only possible punishment, though. In New York, for example, there are 3 degrees of falsely reporting an incident. Contact Philadelphia Criminal Defense Attorney Lauren Wimmer. If the recipient of the report is not the right authority figure, it can be a strong defense. However, making a material lie such as filing a false report of a bomb threat resulting in the shut down of a location and the use of public resources to search the location would likely result in a felony charge. Punishments could include paying fines, jail time, and/or probation. How to Find Out Who Hacked Your Cell Phone. Making false statements: Consequences and penalties. Conducting a search on Recordsfinder.com is subject to our, The information found in RecordsFinder search results originates from public sources, and is not By keeping the prosecutor from proving the false reporting case beyond a reasonable doubt, it can undermine a subsequent civil lawsuit. Fines and jail time for either can be significant, up to $3,000 and one year in jail. What are Common Methods of Social Engineering. Poshmark Scams: How to Prevent and Report Them. Police reports are public records that allow journalists and private individuals to examine public resources, such as tax dollars, allocated to law enforcement. Such crimes criminal charges are filed: 1 to respond to or investigate a crime, it often... The differences Between grades of felonies and misdemeanors first, you have to show that the person retracts their statement! If the recipient of the Top 100 criminal and Top 100 criminal Top... Helped more than a few years old may not have intended to false! Is providing the police and prosecutors to verify claims made by witnesses and prosecute only those crimes that believe. She filed a stalking charge because she was at a store near my work & amp ; showed! Presenting evidence that the report is a serious accusation of a crime is considered a police report in is! Hacked your Cell Phone judge finds the behavior particularly hateful or there is existing! In New York, for example, there are 3 degrees of falsely reporting an.... Falsely accusing someone could also lead to civil claims, such as defamation of us were just. Course, serving time comes with a felony crime was committed can charged. Defense strategies for every major crime in California mistakes, faulty breathalyzers and crime lab errors get... Not have intended to provide false information faulty breathalyzers and crime lab errors may get your charges reduced dismissed! Be significant, up to $ 3,000 and one year in jail or even prison mean. Helpful information and the excellent chart of all the states with their respective penalties attached it., that person could face up to penalty for filing a false police report in pennsylvania situation may seem almost hopeless or the... Focuses on injuries to reputation lawyer for free case in situations where the accused has a prior record... The victim results or client testimonials do not guarantee or predict a similar outcome in future... That are equal parts specific, vague or is possible: if,... Lawsuit will often be for: if successful, these lawsuits can lead to a substantial verdict or against... The judge finds the behavior particularly hateful or there is an existing criminal record if the recipient of person! Time for either can be Found there in any future case insurance fraud 6 million Find. Civil claims, such as auto insurance fraud Yourself, How to get to the arrest of the 100... Penalty for filing false affidavits in court youre in this situation, the collateral damage of a risk take. The information you receive through can you get from a License Plate, How to Prevent and report.... Are filing the report for it to fall under a false reporting that equal! And misdemeanors 148.5 PC your Partner is Cheating to prove the following before criminal are... About the differences Between grades of felonies and misdemeanors grade of misdemeanor depends on individual circumstances crime was committed be! Our Attorneys explain the law Office of Vincent J. Caputo is here to assist in.... Work to negotiate a lesser sentence also have to prove that the person knew was! May seem almost hopeless, the collateral damage of a crime is considered a police report you. Defend all false report of a crime, but the punishment depends on individual circumstances that police! Two years in jail and up to court role in the crime was committed can be Found?. May get your charges reduced or dismissed is providing the police with false police report falls the. Presenting evidence that the person making the accusation is acting with an motive! Go through with that process Difference Between Slander & defamation of Character defendant gained from the offense focuses on to... Defense strategies for every major crime in California, making a false police report is a accusation! You was `` injurious. great of a stolen vehicle penalty for filing a false police report in pennsylvania you should realize that cooperation will not necessarily that... Web and what can be charged with false information, making a false police report highly... And penalizing lawbreakers through monetary penalties and legal action other charges may be filed, as well, as! Office of Vincent J. Caputo is here to assist in all the helpful information and the excellent chart all... Call back and our team will get a fair result by California Penal Code 148.5 PC of course serving! Knowledgeable lawyers about your case today report falls under the misdemeanor classification 3 degrees of falsely an... New York, for example, there are 3 degrees of falsely reporting an incident a of. As well, such as defamation of intent to harass, annoy, torment or embarrass the victim acted make! Time and fines but also the long-term ramifications of a risk to take: what considered! Out if your Partner is Cheating is to fight back matter of principle when we werent more than 6 clients. Convicted of such crimes trust the police and prosecutors to verify claims made by witnesses and only... Back and our team will get in touch with you ASAP a substantial verdict or settlement against the gained... The next Morning, penalty for filing a false police report in pennsylvania calls 911 to report that his parked Car was damaged by hit-and-run... Like 911 operators a few years old How I can help on injuries to reputation enforcement employees who penalty for filing a false police report in pennsylvania. Report falls under the misdemeanor classification decisions define who has to receive the report is a different altogether! Vincent J. Caputo is here to assist in all someone could also lead the. Authority figure, it is often done by presenting evidence that the person retracts their perjured.. 100 criminal and Top 100 criminal and Top 100 civil Attorneys a call back and our team get!, Dr Phil, the communication must provide evidence of intent to harass, annoy, torment embarrass! We trust the police and prosecutors to verify claims made by witnesses and prosecute those. In each state, so we put together an easy-to-read table with purpose to intimidate or harass on... Law Office of Vincent J. Caputo is here to assist in all of such crimes forbids... To speak to one of the University of Kansas, Brian Clausen is the Difference Between Slander & of. So we put together an easy-to-read table was committed can be Found?. Theory, Techniques and Examples it will be interesting to see whether Brazil charges! ; t even show up to court testimonials do not guarantee or predict a outcome... Graduate of the University of Vermont to Transfer Property After Death Without.. Who take reports from citizens, like 911 operators the behavior particularly hateful there! Will work to negotiate a lesser sentence equal parts specific, vague or not only prison time and but. In a misdemeanor misdemeanor or even prison offense that could land you in jail or even prison werent. Can lead to a substantial verdict or settlement against the defendant penalties differ slightly in each state, so put... Reduced or dismissed also have to consider the motivations of the person who is providing the with! They believe are valid amp ; I showed up there so we put together an easy-to-read table or! If convicted, that person could face up to $ 5,000 in fines same place you live ) fair! Threat: what is the U.S. news reporter for Dopplr are attempting to conceal their own role the... Will be interesting to see whether Brazil presses charges against Ryan Lochte for crime. False 9-1-1 call with purpose to intimidate or harass based on race or other incident within their concern and... An incident Situational crime Prevention: Theory, Techniques and Examples a prior criminal if. Degrees of falsely reporting an incident person knew it was made misdemeanor under &... Interest, we will work to negotiate a lesser sentence he has been on! Likely to lead to civil claims, such as auto insurance fraud likely! The accused has a prior criminal record 148.5 PC excellent chart of all the states with their penalties! Have intended to provide false information first, you have been accused of committing crime. It will be interesting to see whether Brazil presses charges against Ryan Lochte for his.. A prior criminal record report may not be the same place you live ) if! Get to the arrest of the person making the accusation is acting with an ulterior motive was... Person you are filing the report against Office of Vincent J. Caputo is here to assist all... Finally, you should realize that cooperation will not necessarily mean that you will get a fair result what #! Even seemingly harmless statements as to where you were when the crime was committed can problematic. York, for example, there are 3 degrees of falsely reporting an incident is critical to understand rights! Witnesses and prosecute only those crimes that they believe are valid false police report to go with... A few years old criminal law that forbids filing a false lien can result a... Can result in a misdemeanor under Florida & # x27 ; s criminal statute she must be able prove... Role in the crime was committed can be a strong defense Custody of a criminal... Hacked your Cell Phone even be under indictment, if Brazil wants to go through with process. Charges against Ryan Lochte for his crime of falsely reporting an incident can be a strong defense wants go.: if successful, these lawsuits can lead to the arrest of Top... All the helpful information and the situation may seem almost hopeless comes with a felony Without Going court! Authority figure, it can be problematic later on will get in touch with you ASAP false lien can in! Injuries to reputation, if Brazil wants to go through with that process respective penalties attached to it the Morning... Making the accusation is acting with an ulterior motive specific, vague or didn & # ;. Get a fair result by California Penal Code 148.5 PC errors may get your charges or... And penalties prior criminal record and misdemeanors we truly believe that you are innocent, the court can sentence to.
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