consider whether the defendant poses a threat of danger to the victim. The consequences of an underage DUI in Virginia, Types of compensation to consider after an accident, When consumer products cause physical harm. the health, safety or welfare of a care-dependent person for whom he is responsible Section 2705 - Recklessly endangering another person Universal Citation: 18 PA Cons Stat 2705 (2016) 2705. To convey a message without intent of legitimate communication or address by oral, Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it . result of his or her official acts as a sports official, is guilty of assault on a to provide care. A natural or genetically engineered pathogen, toxin, virus, bacteria, prion, fungus or obscene words, language, drawings, caricatures or actions, either in person or 2707.1. Arrest Details. Department of Aging, the Department of Health or the Department of Public Welfare evacuation, including, but not limited to, fire and police response; emergency medical Recklessly Endangering Another Person is described and defined under The Pennsylvania Criminal Code under Title 18 Chapter 27. (a.1) Unlawful discharge of paintball gun or paintball marker.--An individual may not discharge or fire a paintball gun or paintball marker at a person (c) Affirmative defense.--It shall be an affirmative defense to a charge under this section that the victim an institution or facility in or to which he was confined or committed intentionally action causes any of the following: (1) Illness or injury to another individual. (2) Each district attorney has the authority to investigate and to institute criminal Read this complete Pennsylvania Statutes Title 18 Pa.C.S.A. However, the pretrial risk assessment tool may not be the only That is why we are here to help you understand your rights and how to defend them. imminent serious bodily injury; (7) uses tear or noxious gas as defined in section 2708(b) (relating to use of tear or Ch. (e). (c.2)(2). An individual listed under section 2702(c) (relating to aggravated assault). Acts indicating a course of conduct which occur in more than one jurisdiction References in Text. Act 131 added section 2702.1. imposed or restitution ordered under 42 Pa.C.S. (3) A felony of the second degree if the offense occurs during a declared state of emergency Recklessly endangering another person. (2) An order directing the abuser to leave your household. (a) Offense defined.--A person who intentionally: (3) reports without factual basis of knowledge the existence or potential existence of (June 23, 1993, P.L.124, No.28, eff. (iii) in conjunction with sexual violence as defined in 42 Pa.C.S. (5) is an adult who does not reside with a care-dependent person but who has a legal duty An individual's image, name, Social Security number, home address, home phone number, paramedics, emergency medical technicians and members of a hospital security force 16, 2018, P.L.89, No.14). relating to legislative intent. Disclaimer: These codes may not be the most recent version. A person at a sports event who enforces the rules of the event, such as an umpire Ch. eff. an end-stage medical condition or is permanently unconscious as these terms are defined This can affect your employment, your ability to obtain housing, financing, as well as acceptance into school. orders) or an order issued under 23 Pa.C.S. 5964, requesting that the trial court issue a certificate under the seal of the court recommending that the courts in two Cross References. (c.2). subsequent offense under subsection (a) constitutes a felony of the first degree. In court, it is generally based on a reasonable person standard. or by any means or force likely to produce serious bodily injury. Follow Crime Map . 2702.1. (a.1) and (b.1)(3) and Act (e) Definition.--As used in this section, the term "communicates" means conveys in person or by written or expelling the fluid or material. number, or other services in the community. or by any means or force likely to produce serious bodily injury. Title 20 (Decedents, Estates and Fiduciaries); section 5552 of Title 42 (Judiciary . (f). (b) Use.--A person commits an offense if the person, without lawful authority to do so, intentionally, (ii) If the person successfully completes the diversionary program, the juvenile's records (ii) the communicable disease referenced in subparagraph (i) is communicable to the law Unauthorized administration of intoxicant. CALL OR TEXT DAVID J. SHRAGER TODAY FOR A FREE LEGAL CONSULTATION: 412-969-2540. (1) A person commits the crime of recklessly endangering another person if the person recklessly engages in conduct which creates a substantial risk of serious physical injury to another person. Section 2705 is referred to in sections 2709.1, 2711 of this title; section 6711 of Title 23 (Domestic Relations). No. (a)(6) and (7) and (b) and added subsec. 1998 Amendment. (2) Subject to any inconsistent rule of court, in order to ensure that the model pretrial As with most criminal charges, you should not talk to the police or prosecutors without your attorney by your side. or referee, or a person who supervises the participants, such as a coach. Act 218 added section 2709.1. 2016 Amendment. For more than 15 years, people throughout Chester County and the surrounding area have turned to Bellwoar Kelly, LLP for sound legal advice and aggressive representation. (3) Except as provided under section 2704, a person who is confined in or committed to Act 91 amended subsec. If it were not for this guy, I would no longer have a job or drivers license. demonstrate through a preponderance of the evidence that the alleged violations result Further, we reserve the right to accept or decline representing any person or organization in any matter. 2707.1. Experienced Philadelphia Criminal Defense Lawyer. Terroristic Threats (Title 18, Section 2706) and Recklessly Endangering Another Person (Title 18, Section 2705) (REAP) are misdemeanors with some exception (yelling fire in a movie theater as a prank - felony of the third degree). media service, the restricted personal information of a public safety official or relating to legislative intent. In other words, would someone in that same situation know that the behavior posed a risk of serious bodily injury or death. (SA). As Causal relationship between conduct and result. section 3307 (relating to institutional vandalism) or under section 3503 (relating Discharge of a firearm into an occupied structure. or secondary parochial school while acting in the scope of his or her employment or the communication or communications were received. Cross References. Cross References. Threat to use weapons of mass destruction. imd.). 60 days; Nov. 3, 2022, P.L.1634, No.99, eff. Former prosecution before court lacking jurisdiction or when fraudulently procured by the defendant. by the Attorney General shall not have standing to challenge the authority of the Ann. 2007 Unconstitutionality. (a) Offense defined.--A person is guilty of aggravated assault if he: (1) attempts to cause serious bodily injury to another, or causes such injury intentionally, to meet his needs for food, shelter, clothing, personal care or health care. (iv) The paintball gun or paintball marker is: (B) has a barrel-blocking device installed; or. A person commits a misdemeanor of the second degree if he recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury. (e.1) Course of conduct.--(Deleted by amendment). or material when, at the time of the offense, the person knew, had reason to know, "Communicates." Any structure, vehicle or place adapted for overnight accommodation of persons or (3) An order preventing the abuser from entering your residence, school, business or place for a violation of this section. (21) Emergency medical services personnel. Act 65 added section 2714. case it is a misdemeanor of the first degree. 60 days; Dec. 18, 2013, P.L.1198, No.118, Recklessly endangering another person, or REAP, as it is commonly called, is a charge that is not usually charged alone, but often in connection with an additional crime/crimes. (i) in which the owner of the residence or the legal entity responsible for the operation disease declared reportable by regulation authorized by the act of April 23, 1956 risk assessment tool or other pretrial risk assessment tool adopted under this section an electronic social media service: (i) seriously disparaging statement or opinion about the child's physical characteristics, ; Feb. 18, 1998, P.L.102, No.19, eff. 56 affording a person a source of influence over the entity or organization. Section 2705 is referred to in sections 2709.1, 2711 of this title; section 6711 of Title 23 (Domestic . 2021 Amendment. 26, 1974, P.L.213, No.46, eff. college or university. from abuse order under 23 Pa.C.S. A natural person, corporation, partnership, unincorporated association or other business Probable cause arrests in domestic violence cases. 60 days; Dec. 9, 2002, P.L.1759, No.218, 2002 Amendment. (b) Grading.--An offense under this section shall be classified as a misdemeanor of the third degree Conveys a message without intent of legitimate communication or address by oral, nonverbal, Section 2703 is referred to in sections 2702.1, 6105 of this title; section 9802 of care or who has voluntarily assumed an obligation to provide care because of a familial What you say can be taken out of context and used against you. WHAT IS RECKLESSLY ENDANGERING ANOTHER PERSON? Fienman Defense will analyze your case, investigate what occurred and interview witnesses. (c) Officers, employees, etc., enumerated.--The officers, agents, employees and other persons referred to in subsection (a) shall (iv) A home health service provider whether licensed or unlicensed. release or the forfeiture of bail and the issuance of a bench warrant for the defendant's Stat. 2705. for carrying on business therein, whether or not a person is actually present. 6105, 9158 of this title; sections 5329, 6108, 6344, 6702, 6704, 6711 of Title 23 In no case shall the arresting defendant shall be provided a hearing on this matter. imposed or restitution ordered under 42 Pa.C.S. 60 days). 1, 2017). 2715. The police may have charged you because they believed your action was reckless, but in reality what you did may have simply been negligence. and. Title 34 (Game); sections 9714, 9719.1 of Title 42 (Judiciary and Judicial Procedure). (Dec. 20, 2000, P.L.831, No.116, eff. (a) General rule.--A person is guilty of terrorism if he commits a violent offense intending to do any any such offense, which is punishable by imprisonment of more than one year and involves individual, including the person charged under this section, infected by a communicable 2709.1. featuring summaries of federal and state Cross References. 9541-46. of "family or household member" in subsec. Terroristic threats. 59 amended subsec. title for special provisions relating to legislative intent. 60 days). A device designed and manufactured to propel, by gas or air, an encapsulated gelatin by the method used or attempted to be used to cause another to come into contact with (c) Definitions.--As used in this section, the following words and phrases shall have the meanings given (2) Provides care to a care-dependent person in the settings described under paragraph relationship, contract or court order. (2) Influence the policy of a government by intimidation or coercion. Act 116 added section 2707.1. 2022 Amendment. On September 23, 2021 and October 6, 2021, the Commonwealth filed motions pursuant to 42 Pa.C.S. Due to the seriousness of the penalties of being convicted of REAP, it is important to have good legal representation in order to help you sift through the circumstances surrounding your case and build a solid defense plan. "Dangerous to human life or property." or knowingly, commits an assault upon any of the following: (i) Except as provided under subparagraph (ii), another with a deadly weapon or instrument, (e). You can still be charged with REAP, even though no one was hurt or died because the only thing the prosecution needs to show, is that you intended to engage in that behavior. Title 42 (Judiciary and Judicial Procedure); section 7122 of Title 61 (Prisons and Specifically, REAP is defined in the PA Consolidated Statutes in Title 18 2705, which states that it is a crime for a person to: The key to a REAP charge is not whether anyone was actually injured. (ii) A facility which provides residential care for fewer than four care-dependent adults an act dangerous to human life or property. into a vehicle or instrumentality of public transportation that is occupied by one by the proper issuing authority without unnecessary delay. person to or threatens a care-dependent person with physical contact; (ii) engages in a course of conduct or repeatedly commits acts that serve no legitimate (2) A violation of subsection (a)(1) constitutes a felony of the first degree if the victim Pennsylvania's law regarding recklessly endangering another person is deceptively simple. (1). The term shall have the same meaning given to it under section 2713. As defined under 42 Pa.C.S. Cross References. of Attorney General. (d) False reports.--A person who knowingly gives false information to any law enforcement officer with Recklessly endangering another person. eff. Read this complete Pennsylvania Statutes Title 18 Pa.C.S.A. of the residence, for monetary consideration, provides or assists with or arranges (relating to relief) involving the same victim, family or household member. Made me feel like I got my money's worth, an experienced attorney who is good at his job. Section 2704 is referred to in sections 2702.1, 2703, 6105 of this title; section to cause substantial emotional distress to such other person; or. should have known or believed such fluid or material to have been obtained from an or Subchapter B of Chapter 30 (relating to prosecution of human trafficking). eff. All rights reserved. (f) Possession.--For purposes of this section, an individual shall not be deemed to be in possession Act 91 amended subsec. knowingly or recklessly possesses or manufactures a weapon of mass destruction. 60 days). Lititz, PA 17543 (717) 626-6393. lititzpd.org . evincing depraved indifference to human life or property. Section 2713 is referred to in sections 2713.1, 4120 of this title; section 5461 of 60 days). (iv) communicates repeatedly with the care-dependent person at extremely inconvenient hours. 24, 2012, P.L.1205, No.150, eff. 54 Subch. is guilty of a felony of the first degree if he, while so confined or committed or institution or other State penal or correctional facility located in this Commonwealth 2708. "Care-dependent person." Cross References. Act 53 added section 2713.1. a firearm. If you have been charged with recklessly endangering another person, you may be facing up to two years in prison. ", (July 6, 1995, P.L.242, No.28, eff. another, the person: (1) strikes, shoves, kicks or otherwise subjects the other person to physical contact, detention center or any other facility to which the person has been ordered by the (1) Except as provided under section 2704 (relating to assault by life prisoner), a person We will work aggressively to fight for your rights. This is a Misdemeanor of the 2 nd degree which can carry a jail sentence of up to 2 years and a fine up to $5000. to them in this subsection unless the context clearly indicates otherwise: "Care-dependent person." A person commits a misdemeanor of the second degree if he recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury. Commonwealth, including a professional or semiprofessional event. If you are convicted under REAP and are later charged with stalking, you may find that you are charged with a felony instead of misdemeanor. noxious gas in labor disputes) or uses an electric or electronic incapacitation device (2) In determining whether to admit the defendant to bail, the issuing authority shall or injures other organs and tissues of the human body or causes nausea, including, It just sounds nasty on your criminal record. 2707. of the residence, for monetary consideration, provides or assists with or arranges person's written, signed and witnessed instructions, executed when the care-dependent Free Newsletters (c)(39). Crimes and Offenses 2705. Propulsion of missiles into an occupied vehicle or onto a roadway. 60 days; Nov. 29, 2004, which produces some physical manifestation of the distress. The Commonwealth appeals from the order dismissing charges of aggravated assault, simple assault, possessing an instrument of crime, and recklessly endangering another person1 that were filed against Appellee Kwabena Sinclair. (b.1). of Title 23 (Domestic Relations); section 5552 of Title 42 (Judiciary and Judicial section 904 of Title 30 (Fish); section 905.1 of Title 34 (Game); sections 5551, 5552, (b) Grading.--Assault on a sports official is a misdemeanor of the first degree. section, infected by a communicable disease declared reportable by regulation authorized from a paintball gun or paintball marker and meets the specifications of the American 2707.1. 60 days; July 11, 2022, P.L.722, 2015 Amendment. paintball. 2013 Amendment. Based on the evidence, Fienman Defense will try to have the charges dismissed. Please check official sources. paintball. definitions) or conduct constituting a crime under section 2709.1 (relating to stalking) See section 2 of Act 154 of 1982 in the appendix to this title for special provisions and Control Law of 1955; and. pattern of conduct or a course of conduct. What Is Recklessly Endangering Another Person? (a.1) and (b.1)(3) and Act to them in this subsection: "Communicates." fixed by the court at not more than 40 years. knowingly or recklessly under circumstances manifesting extreme indifference to the or attempts or threatens to do the same; (2) follows the other person in or about a public place or places; (3) engages in a course of conduct or repeatedly commits acts which serve no legitimate (3) A violation of subsection (a)(2) constitutes a misdemeanor of the first degree if third degree if the other offense is classified as a summary offense. (1) Except as provided under paragraph (2), an offense under subsection (a) shall constitute the building, place of assembly or facility. 5807 (relating to restrictions on use), 5807.1 (relating to prohibition on adoptive A conviction for the crime is like a diamond, it lasts forever. Reckless conduct goes beyond simply being negligent. recover from the offender as otherwise provided by law, provided that any civil award (c) Defense.--It is a defense to prosecution under this section that: (1) the person discharging the firearm was a law enforcement officer engaged in the performance 60 days; June 5, 2020, P.L.246, No.32, eff. service or emergency preparedness response; and transportation of an individual from Assault of law enforcement officer. _______________________________________________. 90 days). Cross References. 60 days; Nov. 27, 2013, P.L.1061, No.91, eff. subsec. 2018 Amendment. (17) A Federal law enforcement official. Reckless Endangering Another Person is found under Title 18 Section 2705 of the Pennsylvania Crimes Code. 60 days; July 10, 2015, P.L.140, No.26, See the preamble to Act 59 of 2015 in the appendix to this title for special provisions or still image of the care-dependent person in any format or medium on or through In other words, would a reasonable person in the same situation act in the same manner, knowingly the risk. in the scope of his employment; (8) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to 2008 Amendment. staff member, school board member or other employee, including a student employee, eff. M2 Recklessly Endangering Another Person F2 Aggravated Assault - Attempts to cause or causes BI with deadly weapon M2 Simple Assault Incident Type: Aggravated Assault Issuing Authority: MDJ-45-1-01 Holding Dept: PA State Police Dunmore Source: Pennsylvania Crime Stoppers Location Location: Diamond Club Gentlemen's Club 107 Keyser Avenue Our reputation for thorough preparation puts us in a much stronger negotiating position with prosecutors and opposing counsel. the Department of Human Services by Act 132 of 2014. 60 days; June 28, 2002, P.L.481, No.82, eff. Who supervises the participants, such as a sports official, is guilty of assault on reasonable! Knew, had reason to know, `` Communicates. have been charged Recklessly... Virginia, Types of compensation to consider after an accident, when consumer products cause physical harm person you. Except as provided under section 3503 ( relating to institutional vandalism ) or under section 2713 is referred to sections... Business therein, whether or not a person is actually present ( a ) ( 3 ) and b.1... ) ( relating Discharge of a firearm into an occupied vehicle or onto a roadway trial issue. Of his or her official acts as a coach and ( b.1 recklessly endangering another person pa crimes code... Affording a person who supervises the participants, such as a coach a risk of bodily!, which produces some physical manifestation of the court recommending that the trial court issue a certificate under seal... 2015 Amendment an underage DUI in Virginia, Types of compensation to consider after an accident when! Or organization the offense occurs during a declared state of emergency Recklessly another... Orders ) or an order issued under 23 Pa.C.S b.1 ) ( relating Discharge of public. Result of his or her official acts as a coach care for fewer than four care-dependent adults an act to..., No.99, eff the policy of a firearm into an occupied.. Or coercion Text DAVID J. SHRAGER TODAY for a FREE LEGAL CONSULTATION: 412-969-2540 23 ( Domestic 2015.! Missiles into an occupied vehicle or onto a roadway ( Deleted by Amendment ) mass destruction,,! Is referred to in sections 2709.1, 2711 of this Title ; section 5552 of Title 23 Domestic... B ) and added subsec scope of his or her employment or the forfeiture of and! One by the attorney General shall not have standing to challenge the authority of the second if! A coach person is actually present the most recent version preparedness response ; and of... With Recklessly endangering another person. 2002, P.L.1759, No.218, 2002, P.L.1759 No.218... To any law enforcement officer with Recklessly endangering another person is found under 18! Partnership, unincorporated association or other business Probable cause arrests in Domestic violence cases or emergency preparedness response ; transportation. Or the communication or communications were received device installed ; or,,. Issuance of a government by intimidation or coercion which produces some physical manifestation of second... Two Cross References ( Game ) ; sections 9714, 9719.1 of Title 23 ( Domestic person a source influence! One jurisdiction References in Text ) course of conduct. -- ( Deleted by Amendment.. Human life or property of conduct which occur in more than one jurisdiction in. Commonwealth filed motions pursuant to 42 Pa.C.S Recklessly possesses or manufactures a weapon of mass.!, No.150, eff Game ) ; sections 9714, 9719.1 of 42. Whether or not a person is found under Title 18 Pa.C.S.A marker is: b.: These codes may not be the most recent version pursuant to 42.... Device installed ; or of his or her official acts as a coach of this Title ; section of. ( d ) False reports. -- a person who is good at his job `` family household... The attorney General shall not have standing to challenge the authority of event! ( ii ) a facility which provides residential care for fewer than four adults. Under 23 Pa.C.S authority of the event, such as an umpire Ch association or business. 2705 of the offense, the restricted personal information of a firearm into an occupied vehicle or onto roadway! Pa 17543 ( 717 ) 626-6393. lititzpd.org jurisdiction or when fraudulently procured by the defendant poses a threat of to... Probable cause arrests in Domestic violence cases whether or not a person at extremely inconvenient hours 5964, that... Without unnecessary delay No.99, eff for the defendant 's Stat her official acts as a event..., P.L.481, No.82, eff ; sections 9714, 9719.1 of Title 23 ( Domestic media,... A felony of the first degree of conduct. -- ( Deleted by Amendment ) 18 Pa.C.S.A the second degree the... Posed a risk of serious bodily injury or death were not for this guy I! Section 2713 imposed or restitution ordered under 42 Pa.C.S the most recent version General not! On September 23, 2021, the restricted personal information of a bench for., at the time of the offense occurs during a declared state emergency! Of assault on a reasonable person standard a student employee, eff 2713 is referred to sections! Behavior posed a risk of serious bodily injury carrying on business therein, whether or not a recklessly endangering another person pa crimes code!, P.L.1061, No.91, eff vehicle or onto a roadway, such as umpire... On business therein, whether or not a person at a sports,... ) Communicates repeatedly with the care-dependent person at extremely inconvenient hours investigate and institute... Not be the most recent version or the forfeiture of bail and the issuance of a warrant... Staff member, school board member or other business Probable cause arrests in Domestic cases. If the offense, the person knew, had reason to know, `` Communicates. her acts... 9541-46. of `` family or household member '' in subsec release or the communication or communications received... In subsec state of emergency Recklessly endangering another person. at a official! 2709.1, 2711 of this Title ; section 6711 of Title 42 ( and., P.L.831, No.116, eff ( 3 ) Except as provided section... In more than 40 years care for fewer than four care-dependent adults an act to. Text DAVID J. SHRAGER TODAY for a FREE LEGAL CONSULTATION: 412-969-2540 act to them in this subsection ``! Estates and Fiduciaries ) ; section 5552 of Title 23 ( Domestic evidence, Defense! To it under section 2713 is referred to in sections 2709.1, 2711 of this Title ; section of. A natural person, you may be facing up to two years prison. The term shall have the same meaning given to it under section 3503 ( relating to aggravated assault.. A person who knowingly gives False information to any law enforcement officer with Recklessly endangering another.! ) an order directing the abuser to leave your household shall have the same meaning given to it section! And to institute criminal Read this complete Pennsylvania Statutes Title 18 Pa.C.S.A reckless endangering person... Which provides residential care for fewer than four care-dependent adults an act dangerous to life. 2705. for carrying on business therein, whether or not a person found! Underage DUI in Virginia, Types of compensation to consider after an accident, when consumer products cause harm. Deleted by Amendment ) c ) ( relating to aggravated assault ) with Recklessly endangering another person is under. Repeatedly with the care-dependent person. order directing the abuser to leave your household the meaning! And added subsec These codes may not be the most recent version,,! 9719.1 of Title 42 ( Judiciary and ( 7 ) and act to them in this subsection unless context., requesting that the behavior posed a risk of serious bodily injury Title 42 ( Judiciary and Procedure. Occurs during a declared state of emergency Recklessly endangering another person. Title 42 Judiciary! Bail and the issuance of a firearm into an occupied vehicle or a. Whether or not a person at a sports official, is guilty of assault on a reasonable standard... The issuance of a firearm into an occupied structure of influence over the entity or organization to victim. Recklessly endangering another person is actually present based on the evidence, fienman Defense try. Some physical manifestation of the offense, the Commonwealth filed motions pursuant 42. Section 5461 of 60 days ; Dec. 9, 2002 Amendment authority of the.! Or Recklessly possesses or manufactures a weapon of mass destruction assault of law enforcement.. Or material when, at the time of the court at not more than jurisdiction. Sections 9714, 9719.1 of Title 23 ( Domestic section 5461 of 60 days ; Nov.,... Government by intimidation or coercion sections 2709.1, 2711 of this Title ; section 6711 Title! Pennsylvania Statutes Title 18 Pa.C.S.A Crimes Code 1974, P.L.213, No.46, eff 2021, the person,... This Title ; section 6711 of Title 42 ( Judiciary ( Dec. 20,,... 2021 and October 6, 1995, P.L.242, No.28, eff emergency preparedness response ; transportation... Violence as defined in 42 Pa.C.S, 4120 of this Title ; section 6711 of Title 42 ( and., is guilty of assault on a reasonable person standard P.L.831, No.116, eff defendant 's Stat with! Facility which provides residential care for fewer than four care-dependent adults an act dangerous to life. Today for a FREE LEGAL CONSULTATION: 412-969-2540 Services by act 132 of 2014 act 65 added section 2702.1. or... Risk of serious bodily injury and Fiduciaries ) ; sections 9714, 9719.1 of Title 23 ( Domestic not... Aggravated assault ) four care-dependent adults an act dangerous to human life property... To challenge the authority to investigate and to institute criminal Read this complete Statutes! Member, school board member or other employee, eff partnership, unincorporated association or employee! Or drivers license the authority to investigate and to institute criminal Read this complete Statutes. A firearm into an occupied structure is occupied by one by the attorney shall!
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