One of the biggest hurdles in protecting animals in the legal system is that they have historically been considered personal property under the law. 70/3.04 (West 2018). If youre concerned about conditions at a puppy mill or pet shop, contact the nearest office of the U.S. Department of Agriculture. 525. [2] Milan Kundera, The Unbearable Lightness of Being 289 (1999). But the states animal protection laws are less comprehensive and weaker than comparable laws in many other parts of the country. [30]An annoyed neighbor picked up Hair Bear and delivered him to the county dog warden, where Hair Bear was shot and killed. The state exempts several kinds of legal activity from its animal cruelty laws, including: If you see or hear an animal that appears to be abused, mistreated, or neglected, contact your local animal control agency, law enforcement, or the humane society. [213] Employees are unable to attend training because the cost of travel to receive training is prohibitive. Ann. [106] It also contains increased penalties for offenders with prior convictions of animal abuse or animal hoarding. [138] The court held that:In this case, the totality of the circumstances known to the officers at the time of their entry into defendant's apartment was sufficient for the officers to reasonably believe that an emergency was at hand which required their immediate assistance. Legislation schedule for a floor vote tomorrow morning, March 4, in the Kentucky Senate could deny sporting-dog owners' due process. [15]This Note begins by recognizing the incongruence between societys declarations and commitment for its animals versus its actual treatment of animals. Ann. [205] Claire Sterling, Is Animal Welfare Womens Work?, ASPCA (Nov. 11, 2015), http://www.aspcapro.org/blog/2015/11/10/animal-welfare-womens-work. Not surprisingly, for the eleventh year in a row, Kentucky has ranked last in the Animal Legal Defense Funds (ALDF) Animal Protection Laws Rankings. Penalties are further limited to specific species of animals. The attorney 70/3.03 (West 2018). Ann. [150] When LFACC investigated the premises, only four of the snakes were found alive. [16]2017 U.S. Kentucky does not have any felony provisions for neglect or abandonment [81]; the state's animal protection statutes contain inadequate definitions and standards of basic care [82]; there are no increased penalties when abuse is committed in the presence of a minor or involves multiple animals [83]; xxiv (2000). 436.605, only animal control officers and agents of humane societies maintain the powers of peace officers, except for the power of arrest, for the purpose of enforcing the provisions of the Kentucky Revised States relating to cruelty, mistreatment, or torture of animals, provided they possess the qualifications required under KRS 61.300.[175] This statute provides that when an animal control officer or agent believes an act of cruelty, mistreatment, or torture of animals is being committed, after the officer makes an oath of such belief, the judge shall issue a search warrant to search the premises. [14] Id. Kentucky has continuously brought up the rear for being one of the worst states in the U.S. for animal welfare laws. When we fail to actContinue reading "Kentucky Animal Abuse Reporting" To Kentucky Representative Kevin Bratcher, R-Louisville, for introducing a bill to help increase the penalty for animal cruelty. 1, 2023 at 11:08 AM PST | Updated: seconds ago. ; Ky. Rev. [181] However, in Kentucky, veterinarians are prohibited from the voluntary reporting of suspected animal cruelty or fighting without a waiver from the client, court order, or subpoena. There's No Getting Around It: Supporting Today's Kentucky Derby Means Supporting Animal Cruelty and Animal Killing May 7, 2022 Today is Kentucky Derby Day, a day in which the The Big Lie is at its most obscene. [180] Twenty-seven states provide immunity to veterinarians who report suspected animal abuse. [182] Ky. Rev. [211] A number of issues arise from the lack of funding by local governments.Without proper funding, shelters are unable to provide adequate staff to manage their operations. Below, weve summarized the most important laws that pet owners and animal lovers should know about. Cat (per KRS 258.095) means any domestic feline three (3) months of age or older. Stat. [42] Additionally, adults who abuse animals commonly abuse their spouses and their children, as well as elderly people for whom they are caring. [228] Other Illinois statutes provide that courts may order convicted persons to undergo psychological or psychiatrist evaluations. Ann. Certain groups, including hunting, farming, and dog breeding groups, lobby extensively against animal welfare legislation. [65], On January 17, 2015, in Frankfort, Kentucky, multiple children were arrested for animal cruelty after a video surfaced of the suspects forcefully kicking an aged Italian Greyhound named Opal. (Gray News) - Kentucky Fried Chicken is bringing back a fan favorite for the first time in nearly a decade. [212] Employees lack the basic training required to adequately care for the animals. [8]The prosecution did not believe they could secure a conviction in Beauchamps trial due to Kentuckys problematic felony torture statute, Ky. Rev. [110] A second or subsequent violation is a Class 3 felony. (referencing conversation with Jai Hamilton). Stat. [156] However, this section is severely restricted and only applies whenever a dog is knowingly caused to fight for pleasure or profit or when any person who knowingly owns, possesses, keeps, trains, sells, or otherwise transfers a dog for the purpose of dog fighting.[157] In other words, this provision relates to only dogs and excludes all other animal fighting. From the ominously slow-moving sloths and tortoises to dingoes and wolves, this amazing zoo has something to awe and inspire everyone. 1, effective June 29, 2017. II. Stat. [155] Under Ky. Rev. 525.135 (West 2017). listings on the site are paid attorney advertisements. Stat. Ann. Illinois statutes provide for broad enforcement and wide-ranging authority to protect its animals. Learn how Kentucky law defines and penalizes acts of animal cruelty. [161] Ky. Rev. RESERVATIONS: Please contact our Group Coordinator at [email protected] or call 270-786-1010. [66] Gil Corsey, Children Charged with Animal Cruelty After Viral Video Surfaces Showing Dog Kicked in Face, WDRB (Jan. 13, 2017, 6:45 PM), http://www.wdrb.com/story/34255262/children-charged-with-animal-cruelty-after-viral-video-surfaces-showing-dog-kicked-in-face. [22] See Vicki Deisner, ASPCA, Presentation Regarding Regional Legislation and National Trends for Animal Welfare (2012). [229] Illinois torture statute mandates such evaluations. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. [208]In improving Kentuckys stance on animal welfare, amending the legislative process and procedures and contributing more energy to animal law is a crucial step in the progression. [233]There is no statutory authority to allow protective orders to include animals. A failure of laws to protect animals from abuse and neglect allows this depraved behavior to go unchecked. -- Amended 2003 Ky. Acts ch. 70/3.05 (West 2018). 70/4 (West 2018). [99]Additionally, the Act goes on to define humane euthanasia[100], proper disposition of seized animals[101], cruel treatment[102], aggravated cruelty[103], animal torture[104], and many other aspects of animal cruelty. Ann. IV. [49] Kip Kinkle, a 15-year-old, killed both his parents and shot 24 children at his school, killing two. 446.010s failure to identify reptiles as animals.[153], III.B.2 Kentucky Lacks Adequate Felony Provisions, Kentucky limits felony penalties to cruelty and neglect in very exclusive circumstances. Ann. Bill Austin was manager of Mammoth Onyx Cave (which was later renamed Kentucky Caverns), which his grandfather had purchased in . Ann. Stat. Ann. Stat. Ann. [42] Belinda Abraham, When Kids Kill, LinkedIn (Sept. 26, 2017), https://www.linkedin.com/pulse/when-kids-kill-belinda-abraham/. [62] Child Witnesses to Domestic Violence, Child Welfare Information Gateway, 1-2, (2016), https://www.childwelfare.gov/pubPDFs/witnessdv.pdf. [210]Many local governments are unwilling to spend money on appropriate shelters. [19] In 2011, 51% of those polled said that they purchase holiday gifts for their pet, a relatively stable number. [204] Additionally, studies have shown that significantly more women than men contribute their work to animal welfare organizations and to work in animal law. [209] In one-third of Kentuckys animal shelters, it is debatable whether or not they are even in compliance with animal cruelty laws. [225] Moreover, courts do not mandate mental health evaluations for animal abusers. [113]Although it is not part of the Act, 720 Ill. Comp. [20] Sue Manning, AP-Petside.com Poll: Many Pets Can Expect Holiday Gifts From Owners; Toys and Treats Lead List of Favorites, Associated Press (Nov. 8, 2011), http://ap-gfkpoll.com/featured/holiday-gifts-topline. Two members of the House Standing Committee on Judiciary passed and 15 voted in favor. http://aldf.org/press-room/press-releases/best-worst-states-animal-protection-laws-2017-report-released/. Stat. [178] Fifteen states require veterinarians to report suspected abuse. The good news is, Kentucky has nowhere to go but up.[241]. Under a bipartisan bill that passed a House committee on Wednesday, Kentuckians who torture a dog or cat could be charged with a felony. Stat. These animals must have proof of up-to-date rabies vaccinations. While most criminal law does not require a payment of fines or costs until guilt is established, Senate Bill 125 would force a dog owner to pay for the cost of room, board and medical . In a recent study conducted by veterinarian students from Lincoln Memorial University College of Veterinary Medicine, the students found that personnel at over 90% of Kentucky shelters identified the lack of funding from county governments to be a major problem in adequately operating shelters. Section two also addresses the need to recognize animals as more than mere property and explores the correlation between animal cruelty and human violence. [53] Finally, Luke Woodham, 16, killed his mother and three children and shot seven more. Stat. [44] John Thompson, deputy executive director of the National Sheriffs Association states, that [i]f somebody is harming an animal, there is a good chance they also are hurting a human.[45] Thompson went on to say that [i]f we see patterns of animal abuse, the odds are that something else is going on.[46] Putting an end to animal cruelty has the potential to drastically reduce the percentage of violent crime.Anthropologist Margaret Mead once noted, [o]ne of the most dangerous things that can happen to a child is to kill or torture an animal and get away with it.[47] Take Andrew Golden for example. [58] As Dr. Harold Hovel notes in his article about animal abuse and human violence, [d]omestic violence is the breeding ground for future violent and non-violent crimes.[59] Astonishingly, the connection between child abuse and animal abuse is 70-80%. For Susan Malcomb, and others like her, the lack of swift prosecution is only the beginning of the systematic disappointment that she will experience. [71] See 2 Juveniles Arrested in Connection to Video Showing Dog Being Kicked, LEX18, (Jan. 13, 2017, 12:22 PM), http://www.lex18.com/story/34241472/owner-upset-after-teen-kicks-dog. Stat. TICKETS | Kentucky Down Under *E-Tickets are valid for 365 days with no blackout dates. ; Sara Celi, 49 Dead Horses Found on Pendleton Co. Farm, FOX19 Now (last visited Mar. [223] ALDF Rankings, supra note 15, at 11; Ky. Rev. And even if the owners behavior isnt against the law or an ordinance, the humane society may be able to do something to correct the problem. Click HERE to reserve golf carts! Stat. In order for the state to improve as a whole, it is imperative that local governments begin enhancing their regulations, otherwise change will not transpire.Kentucky has a long way to go in improving its ranking as the worst state for animal protection laws. [167] However, the judge imposed a sentence of merely two years probation, demonstrating the sort of minor penalties that animal abusers face in Kentucky. [202] Telephone Interview with Katie Brophy, Former President, Animal Legal Defense Fund (Jan. 17, 2017). [219] This essentially means that county attorneys will take care of the required business that relates to the county, and will put off matters relating to animal cruelty, investigation, or prosecution. [3] Lad was shot in the mouth several times before finally running away from home. Ann. [124] Animal Law Awareness for Law Enforcement and Other Governmental Agencies, https://agr.state.il.us/AnimalHW/LawEnforcementTraining.pdf. *No-Reservation Required *Golf Carts can be reserved 24 hours in advance. [6] Matthew Wade Beauchamp, Lads owner, was charged with felony torture of a dog. Ann. Details for individual reviews received before 2009 are not displayed. Stat. 70/3.03 (West 2018). Although the role gender plays in enacting legislation would greatly benefit from further research, it is important to note its impact. For example, in People v. Thornton, the defendant was convicted under Section 3.01 as a first offense and sentenced to ten days incarceration, two years probation, 200 hours of community service, and restitution totaling $3,572.83. [98] 510 Ill. Comp. New law allows vets to report suspected animal abuse. [96] Further, Illinois anti-animal cruelty laws provide protection for all animals, not just companion animals, such as cats and dogs. [227] A court may also order that the convicted person not own any other animals for a reasonable period of time. Exclusions under this section include, among others, the killing of animals when hunting . how local authorities tend to interpret those laws, ordinances in your local community that may apply to your situation, how you might recover your pet if authorities have already taken it, and. Stat. [179] Dr. Marty Becker, Its against the law for a veterinarian to report animal abuse in Kentucky, (Nov. 20, 2014), https://www.drmartybecker.com/news/law-veterinarian-report-animal-abuse-kentucky/. (502) 947-3573. dummy. It compares and contrasts Kentuckys animal protection statutes with those of Illinois (the state with the highest ranking in the ALDFs study for the past decade). (5) If a person is convicted of or pleads guilty to an offense under subsection (1) of . 70/1(West 2018). 525.125 (West 2017). T. L, Ch. In another example, Larry Browning was charged with animal cruelty after forty-nine horses were found deceased on his property in Pendleton County. [36] A pet fits somewhere between a person and a piece of personal property. [154] Any act of cruelty or abuse against an animal (with the exception of dog fighting and torture of a cat or dog resulting in serious physical injury or death), no matter how extreme, is a misdemeanor and cannot rise to the level of a felony until a subsequent offense is committed. [52] He threw cats into bonfires. History: Amended 2017 Ky. Acts ch. Ann. 70/3 and mandates each owner provide for his animals sufficient, good quality, wholesome food and water; adequate shelter and protection from the weather; veterinary care and humane care and treatment. Stat. [149] Ky. Rev. In order to be considered a crime, the mistreatment must be cruel or result in the animal's injury. Section three identifies Kentucky as having the weakest animal protection laws in the nation. [227] 510 Ill. Comp. As Katie Brophy argues, male legislators by [and] large have little interest whatsoever in animal protection issues.[202]Anecdotal evidence suggests that men are a harder sell when it comes to promoting awareness of animal welfare issues.[203] Studies demonstrate that women are more sympathetic than men towards animal welfare and are less supportive of animal research. [11] See Lad, supra note 8; Daniel Hurst, Pretrial Diversion in Kentucky, Hurst & Hurst, Attorneys at Law (Mar. aldf.org/article/new-kentucky-law-allows-veterinarians-to-report-animal-cruelty/, Mozilla/5.0 (iPhone; CPU iPhone OS 14_8_1 like Mac OS X) AppleWebKit/605.1.15 (KHTML, like Gecko) Version/14.1.2 Mobile/15E148 Safari/604.1. House Bill 103 would redefine what torture, physical injury and serious physical injury or infirmity of One of the most children friendly places we'd ever been. Lawyers who have received peer reviews after 2009 will display more detailed information, including practice areas, summary ratings, detailed numeric ratings and written feedback (if available). (Jan. 16, 2017). [23] Penny Conly Ellison, Can Courts Consider the Interests of Animals? [190]Additionally, Kentuckys legislative process itself plays an imperative role in the states position on animal welfare. Many animal welfare advocates agree that Kentuckys animal shelter situation is a starting point for addressing the states inadequate animal protections. Ann. [222], Recognition of the correlation between animal abuse and the resulting tendency for disregarding human suffering must be recognized in Kentucky. This Section addresses the states legislative processes and procedures and explores how local governments may be sending the message that animal protection is unimportant in Kentucky. 70/3.03 (West 2018). Because states can change their laws at any time, its always a good idea to check the current statutes by using this search tool. [24] This means, among other things, that laws do not recognize an animal as a victim to a crime, and thus an animals suffering or harm is not seen as being compensable.Regarding domestic animals, a person may have as absolute a dominion and property as over any other useful and valuable chattel.[25] With respect to wild animals, property may be acquired by possession of the animal or by ownership of the land on which the animal is found. Kentucky still ranked 47th for animal protection laws. III.B.1 Kentucky Lacks Adequate Definitions/Standards of Care, Kentuckys statutes require clearer definitions and currently fail to address the most basic aspects of animal suffering. Stat. [155] See Ky. Rev. [128]An example of an officers broad authority is found in Thornton. Ann. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. In an interview with Susan Malcomb, President of the Lexington Humane Society, Malcomb stated that if the biggest adoption agency in central Kentucky, the Lexington Humane Society, cannot free up people to lobby legislation, no one else likely has the ability to participate in legislation either. Most dogfighting offenses fall under cruelty to animals in the first degree. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. Attorneys that receive reviews from their peers, but not a sufficient number to establish a Martindale-Hubbell Peer Review Rating, will have those reviews display on our websites. [209] Cynthia L. Gaskill et al., 2016 Study of Current Conditions of Kentucky County Animal Shelters and Degree of Compliance with Kentucky Animal Shelter Laws 1 (2016). [94] Animal Legal Defense Fund, Supra note 15. [124] Pursuant to 510 Ill. Comp. [141] Ky. Rev. 6/25/18 I gave the dogs food and water and noticed a open wound from scratching on black dogs left front shoulder. [126] Any law enforcement officer making an arrest under Sections 3.013.03 may lawfully take possession of some or all of the companion animals in the possession of the offender. [121] 510 Ill. Comp. of this site is subject to additional Ann. In 1990, the park was opened by Bill and Judy Austin to the public. By not taking animal welfare issues seriously, local governments are sending the message that animal protection laws are insignificant and unimportant. Ann. Stat. [97] 510 Ill. Comp. Distinguished: An excellent rating for a lawyer with some experience. [112] Finally, a person who uses an animal in entertainment in violation of certain subsections of 70/4.01 is guilty of a Class 4 felony for the first offense, with subsequent offenses being a Class 3 felony. [172] Illinois is not the only state with superior felony provisions. [114] 510 Ill. Comp. [77] Ag-gag legislation is designed to silence whistleblowers from revealing animal abusers on industrial farms by criminalizing acts related to investigating daily activities on industrial farms, such as recording, possession or distribution of photos, video and/or audio at a farm. What Is Ag-Gag Legislation?, ASPCA, http://www.aspca.org/animal-cruelty/farm-animal-welfare/what-ag-gag-legislation (last visited Feb. 24, 2017). Stat. Animal Control came and left a note on the door. Ann. Stat. 4, 2014), https://www.hurstandhurstlaw.com/pretrial-diversion-in-kentucky/. . [96] See generally 510 Ill. Comp. [144] Id. [205]Because women are arguably more progressive when it comes to animal welfare issues, the number of men in the Kentucky legislature may be concerning. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. [108] 510 Ill. Comp. III.A.2 Illinois Contains Numerous Felony Provisions for Animal Cruelty. [10] Matthew Beauchamp was responsible for the inhumane and unimaginable death of Lad and walked away with no jail time. Do Not Sell or Share My Personal Information. (Ky. Rev. 525.125 (West 2017). [170] Andrew Wolfson, Bill would ban sex with pets, not other animals, courier-journal (Jan. 10, 2017), http://www.courier-journal.com/story/news/politics/ky-legislature/2017/01/09/bill-would-ban-sex-pets-not-other-animals/96262280/. Section three also introduces the ALDFs annual study. For animal bite reports, stray animal pickup and barking dog complaints in any other County in Kentucky, please contact your local Police or Sheriff's Department at their non-emergency number so they can reach your local animal shelter for assistance. These are just a few examples of why Illinois ranks so highly with regard to its animal protection laws. A number of Kentuckys legislators and humane officers have stated that Kentuckys legislative process and the inadequacy of local governments to dedicate resources to animal protection, among other things, significantly contribute to the states poor stance on animal protection laws.[183]. A person is guilty of animal cruelty in the second degree if he or she intentionally or wantonly subjects an animal to mistreatment through abandonment; participates in causing it to fight for pleasure or profit; mutilates, beats, tortures an animal other than a dog or cat;[159] torments, fails to provide adequate food, drink, space, or health care; or kills any animal other than a domestic animal killed by poisoning. Stat. Ann. [101] 510 Ill. Comp. [3] Nina Golgowski, Collie Shot in Face in Kentucky Dies Four Months After Jaw Removed, Owner Charged, New York Daily News (Jun. 70/3.01, 70/3.02 (West 2018). 'Absolutely superb! Under the law, animal cruelty in the first-degree (a class D felony) occurs when a person causes four-legged animals to fight for pleasure or profit. [164] Four of the dogs remains were found sealed inside of a storage container containing air holes in the lid to facilitate breathing. [11]Unfortunately, this is a common occurrence in Kentucky. [144] Although failure to provide adequate shelter in extreme temperatures might result in a charge of cruel neglect, the case would be more difficult to prove. [240] Stephan Otto, Crime & Punishment in Kentucky, Animal Legal Defense Fund (Oct. 26, 2009), http://aldf.org/blog/crime-punishment-in-kentucky/. Kentucky Down Under Adventure Zoo | Mammoth Onyx Cave | Horse Cave COME AND PET A KANGAROO! 525.135, which defines torture as the intentional infliction of or subjection to extreme physical pain or injury, motivated by an intent to increase or prolong the pain of the animal.[9] Kentucky prosecutors have highlighted the weakness of the statute because a conviction of torture should be attainable whenever an animal is subjected to extreme physical pain, injury, and suffering regardless of whether it was motivated by an intent to increase or prolong the pain of the animal. For example, law enforcement officials, states attorneys, and animal control officials all have the authority to investigate humane care allegations. Stat. [60] Children that have been exposed to domestic violence at a young age are seven to nine times more likely to participate in animal cruelty, and are also more likely to abuse their own children in the future. [64] Fighting animal cruelty can save many lives, prevent human and animal suffering, help protect children and elders from domestic violence, and lead to far less human violence overall. Ann. The 11-year-old ambushed and killed three kindergarten kids as well as two adults. Ann. She enjoys spending time with the animals of the outback and telling visitors about them. Stat. As one scholar states, [c]ruelty is incompatible with a caring, moral society where empathy is a venerable quality.[21] Nonetheless, society has the potential to better animals lives by enacting and enforcing higher standards for them.[22]. [109]The requisite anti-cruelty provisions are listed at 510 Ill. Comp. 17, 2017), http://www.fox19.com/story/25185880/breaking-dead-horses-found-in-pendleton-county. advice, does not constitute a lawyer referral service, and no attorney-client or For example, in United States v. Chamness, nine dogs died as a result of being abandoned in severely uninhabitable living conditions provided by the defendant. Supplemental Terms. [105] The Act contains felony provisions for cruelty, neglect, fighting, abandonment, and sexual assault. [179] Some states allow veterinarians to report suspected cruelty. [116]Though a first offense for cruel treatment under Section 3.01 of the Act is a misdemeanor, courts take first offender violations seriously. McGill. [78]For the past eleven years, ALDF has ranked Kentucky last out of the 50 states for its animal protection laws. [237] There are no provisions granting agencies/professions immunity from reported suspected animal abuse, and in fact veterinarians are prohibited from reporting suspected animal cruelty. [66] One viewer watched, was appalled, and stated, I mean, she went up in the air and just come [sic] down and . The sandwich replaces a traditional bun with two of KFC's . More diversity should be encouraged in the legislature and women should be not only supported, but encouraged to take an active role in the political process. 70/3.06 (West 2018). In Kentucky, animal abandonment falls under an animal cruelty charge. any defense you might have to criminal charges. [95] In identifying the weakness, loopholes and other shortfalls of the animal protection laws in Kentucky, one need look no further than their close neighbor Illinois to compare. Animal cruelty is generally a misdemeanor. Summary: These Kentucky statutes represent the state's anti-cruelty and animal fighting provisions. ; See also For 10th Year, KY Ranked Worst State in U.S. for Animal Protection Laws, WTVQ San Francisco, (January 12, 2017) https://www.wtvq.com/2017/01/12/10th-year-ky-ranked-worst-state-u-s-animal-protection-laws/. Ann. Under that Section, an animal control officer, law enforcement officer, or investigator who has probable cause to believe that any animal has been unlawfully confined in a motor vehicle has the authority to enter the vehicle by any reasonable means under the circumstances after making a reasonable effort to locate the owner or other person responsible.[140] Section 7.1 therefore is important because it allows officers to rescue animals who are trapped within automobiles. [128] 510 Ill. Comp. [147] Because Kentucky law lacks basic care definitions, many counties have trouble prosecuting things as simple as the need to provide shelter for an animal. 70/2.01(West 2018). Torture of only a dog or cat is simply a misdemeanor and only rises to a Class D felony for subsequent offenses if the dog or cat suffers physical injury as a result of the torture or if the dog or cat suffers serious physical injury or death as a result of the torture.[158]Cruelty to any animal other than a dog or cat is just a misdemeanor in Kentucky.
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