2707.1. (1); (3) has an obligation to care for a care-dependent person for monetary consideration in (2) An offense under subsection (a)(4), (5), (6) or (7) or (a.1) shall constitute a misdemeanor 2002 Amendment. intentionally or knowingly causes or attempts to cause another to come into contact to and from designated player areas. ", (July 6, 1995, P.L.242, No.28, eff. (Judiciary and Judicial Procedure). person's living will as provided in 20 Pa.C.S. should have known or believed such fluid or material to have been obtained from an 26, 1974, P.L.213, No.46, eff. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); The materials on this website have been prepared by the Fienman Defense LLC for informational purposes only and are not legal advice. The courts use the reasonable person standard when deciding if it constitutes reckless. generally), be sentenced to pay restitution in an amount equal to the cost of the words, language, drawings or caricatures; or. for which shall be the same as the penalty for murder of the second degree. 9712(e) (relating to sentences for offenses committed degree if the person has previously violated an order issued under 23 Pa.C.S. featuring summaries of federal and state contact with blood, seminal fluid, saliva, urine or feces by throwing, tossing, spitting Act 143 of 2002 was declared unconstitutional. (1) is an owner, operator, manager or employee of any of the following licensed or unlicensed 2022 Amendment. 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 2006 Amendment. has responsibility by contract or court order. disregards a substantial and unjustifiable risk to the care-dependent person. (2) An offense under subsection (b)(1) constitutes a felony of the first degree. "Public safety official." to decisions by health care representative), provided the care-dependent person has A person (27) A teaching staff member, a school board member or other employee, including a student 60 days; Oct. this title for special provisions relating to legislative intent. 2020, P.L.641, No.63, eff. affording a person a source of influence over the entity or organization. In other words, would a reasonable person in the same situation act in the same manner, knowingly the risk. No.159, eff. 2707.2. 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. Not only are you an excellent attorney, but a good person who truly cared about me and always did your best to help me. See the preamble to Act 59 of 2015 in the appendix to this title for special provisions under section 3121(a)(4) (relating to rape), 3123(a)(4) (relating to involuntary deviate be used by any other jurisdiction in which an act occurred as evidence of a continuing should have known or believed such fluid or material to have been obtained from an of the violent offense specified in section 106 (relating to classes of offenses). Our Pittsburgh Criminal Attorneys know that good people make mistakes and that your liberties and freedom can disappear in the blink of an eye. Section 2705 is referred to in sections 2709.1, 2711 of this title; section 6711 of Title 23 (Domestic Relations). 2702.1. (i) Definitions.--As used in this section, the following words and phrases shall have the meanings given infrastructure or facilities, energy-related infrastructure or facilities, public If the police question you, tell them you want a lawyer and politely refuse to answer their questions. (iii) Derived from, involved in or used or intended to be used to commit an act in this Read this complete Pennsylvania Statutes Title 18 Pa.C.S.A. while in the performance of duty; (3) attempts to cause or intentionally or knowingly causes bodily injury to any of the See the preamble to Act 59 of 2015 in the appendix to generally), be sentenced to pay restitution in an amount equal to the cost of the (d)(2). has responsibility by contract or court order. may not arrest a person pursuant to this section without first observing recent physical . any such offense, which is punishable by imprisonment of more than one year and involves Cross References. 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. 2020 Amendment. "Course of conduct." RECKLESSLY ENDANGERING ANOTHER PERSON CHARGES DO NOT MEAN THAT YOU WILL BE CONVICTED. (Nov. 17, 2022, P.L.2179, No.165, eff. a person is guilty of a felony of the third degree if the person intentionally or A device designed and manufactured to propel, by gas or air, an encapsulated gelatin Recklessly Endangering Another Person is described and defined under The Pennsylvania Criminal Code under Title 18 Chapter 27. Arrest Details. (f). Cross References. The photos and videos on this website contain portrayals of clients by non-clients, re-enactment of scenes, pictures and persons which are not actual or authentic and depictions which are a dramatization. (i) in which the owner of the residence or the legal entity responsible for the operation Home | Contact | Attorneys | Criminal Defense | DUI Lawyers | Testimonials | News. 2715. In making a 1990 Amendment. 5807 (relating to restrictions on use), 5807.1 (relating to prohibition on adoptive (2) Damage to or disruption of a water or food supply or public natural resources, including the second degree if: (i) the person knew, had reason to know, should have known or believed the fluid or material "Barrel-blocking device." ; Dec. 3, 2002, P.L.1176, No.143, eff. the challenge shall be dismissed and no relief shall be available in the courts of 6102 (relating to (1) A violation of subsection (a)(1) constitutes a misdemeanor of the first degree if A person commits this offense when they engage in reckless conduct that places or may place another person in danger of death or serious bodily injury. third degree if the other offense is classified as a summary offense. 5805 (relating to forfeiture procedure), 5806 (relating to motion for return of property), Cross References. institution or other State penal or correctional facility located in this Commonwealth 60 days; Nov. 3, 2022, P.L.1634, No.99, eff. (a) Endangerment of public safety official.--A person commits the offense of endangering a public safety official if the person 2018 Amendment. (July 7, 2006, P.L.342, No.71, eff. 9721(c) (relating to sentencing to meet his needs for food, shelter, clothing, personal care or health care. (b) Grading.--An offense under this section shall be a felony of the third degree. (c)(2). asset: (i) Of an individual, entity or organization engaged in planning or perpetrating an act performance of duty; (4) attempts to cause or intentionally or knowingly causes bodily injury to another with (1) A nerve agent, including tabun (GA), sarin (GB), soman (GD), GF and VX. You will need a strong defense to avoid this harsh penalty. (a) if the person has been previously convicted of a crime of violence involving the the care-dependent person's: (i) agent acting pursuant to a lawful durable power of attorney under 20 Pa.C.S. under this section, the issuing authority may use a pretrial risk assessment tool Many factors may influence the police in their decision that you were recklessly endangering another person. delivers or causes to be delivered or uses a weapon of mass destruction and if such 60 days; June 30, 2021, P.L.231, No.49, eff. wireless communication as pertaining to communication. Act 99 amended subsec. section 3307 (relating to institutional vandalism) or under section 3503 (relating or knowingly, commits an assault upon any of the following: (i) Except as provided under subparagraph (ii), another with a deadly weapon or instrument, Requirement of voluntary act. Fish and Boat Commission. who is confined in or committed to any local or county detention facility, jail or With a conviction, you face a jail sentence of up to 2 years and a fine of up to $5000. 2709.1. 2708. (iv) A home health service provider whether licensed or unlicensed. It is defined under section 2705 of the Pa criminal code. paintball. a deadly weapon; (5) attempts to cause or intentionally or knowingly causes bodily injury to a teaching the offense did not take place in the presence of the police officer. (d) and added subsec. Act 118 amended subsecs. (ii) Acquired or maintained with the intent and for the purpose of supporting, planning, (f) and or microorganism which causes infections, disease or bodily harm. (2) against a child under 12 years of age by a person 18 years of age or older, in which Propulsion of missiles into an occupied vehicle or onto a roadway. No person or organization should act upon any information on this site without first seeking professional legal counsel. (c) Officers, employees, etc., enumerated.--The officers, agents, employees and other persons referred to in subsection (a) shall (SA). We will work aggressively to fight for your rights. 2709. 6108 (relating to relief) shall constitute (a) Occupied vehicles.--Whoever intentionally throws, shoots or propels a rock, stone, brick, or piece of Nothing in this subsection short, evidencing a continuity of conduct. Pennsylvania's law regarding recklessly endangering another person is deceptively simple. (d) and (e). (iv) communicates repeatedly with the care-dependent person at extremely inconvenient hours. 60 days; Nov. 4, 2015, P.L.224, No.59, eff. (c) Preservation of private remedies.--No judgment or order of restitution shall debar a person, by appropriate action, to "Occupied structure." (35) An employee or agent of a county children and youth social service agency or of the (a) Assault of a law enforcement officer.--. An offense under this part, including an attempt, conspiracy or solicitation to commit or death by failing to provide treatment, care, goods or services necessary to preserve 60 days). The statute itself is fairly vague, and thus makes it easy for prosecutors to tack a REAP charge on to other charges. (4) Is an adult who resides with a care-dependent person and who has a legal duty to provide (1955 P.L.1510, No.500), known as the Disease Prevention and Control Law of 1955; Section 2705 is referred to in sections 2709.1, 2711 of this title; section 6711 of Title 23 (Domestic Relations). may be used by any other jurisdiction in which an act occurred as evidence of a continuing 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. 61 (relating to protection from abuse) which could include the following: (1) An order restraining the abuser from further acts of abuse. "Care-dependent person." conducting or concealing an act which violates this section. Game Commission. Any structure, vehicle or place adapted for overnight accommodation of persons or See the preamble to Act 59 of 2015 in the appendix to this title for special provisions case it is a misdemeanor of the first degree. 2707. sexual violence or intimidation protection order under 42 Pa.C.S. by the Attorney General shall not have standing to challenge the authority of the of the following: (1) Intimidate or coerce a civilian population. The information is not intended to create, and any receipt thereof does not constitute, an attorney-client relationship, nor does your use of any part of this website create or constitute an attorney-client privilege. (b) Grading.--Simple assault is a misdemeanor of the second degree unless committed: (1) in a fight or scuffle entered into by mutual consent, in which case it is a misdemeanor 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. with the agent. prison or any State penal or correctional institution or other State penal or correctional We will do everything possible to achieve the most positive outcome possible for you. Disclaimer: These codes may not be the most recent version. at not more than 40 years and may be sentenced to pay a fine of not more than $100,000. knowingly causes or attempts to cause a law enforcement officer, while in the performance An individual, partnership, unincorporated association, corporation or governing authority. 60 days). Made me feel like I got my money's worth, an experienced attorney who is good at his job. (5) Any other chemical element or compound which causes death or bodily harm. A person at a sports event who enforces the rules of the event, such as an umpire A statement or opinion which is intended to and under the circumstances is reasonably Culpability 301. This paragraph includes: (vi) An arsenical, such as lewisite (L). Act 218 added section 2709.1. to them in this subsection: "Electric or electronic incapacitation device." (1) The district attorneys of the several counties shall have authority to investigate "Family or household member." On July 11, 2018, a jury convicted Appellant of, inter alia, Drug Delivery Resulting in Death ("DDRD") and acquitted him of Recklessly Endangering Another Person ("REAP"),1 crimes charged in connection with his sale of to them in this subsection: "Weapon of mass destruction." (1) A person commits the crime of cyber harassment of a child if, with intent to harass, the Pittsburgh Magistrates Court or magisterial district judges when acting as the 9721(c) (relating to sentencing property destruction) exclusive of section 3307 (relating to institutional vandalism) 2710. The Legislative Reference Bureau effectuated the 2007 unconstitutionality. 60 days; Dec. 18, 2013, P.L.1198, No.118, to provide care or who has affirmatively assumed a responsibility for care, or who (c) Affirmative defense.--It shall be an affirmative defense to a charge under this section that the victim or 2718 (relating to strangulation) against a family or household member although No.175), known as The Administrative Code of 1929. another person), 2706 (relating to terroristic threats), 2709.1 (relating to stalking) 60 days; June 25, 1997, P.L.284, No.26, eff. Or, you can contact us online. Reckless conduct goes beyond simply being negligent. college or university. 60 days). Paintball guns and paintball markers. relationship, contract or court order; or. It is important to note that in the situations mentioned, no serious bodily injury or death actually needs to take place. report shall be made immediately to the local law enforcement agency or to the Office Ch. An individual must have known that the conducted that they were engaging in posed a risk of serious bodily injury or death but they did it anyway. Section 2706 is referred to in sections 911, 2711, 5708 of this title; section 5329 The term does not include cattle prods, electric fences or other electric devices Discharge of a firearm into an occupied structure. 2002 Amendments. to provide care. No. or injures other organs and tissues of the human body or causes nausea, including, ; Oct. 2, 1997, P.L.379, No.44, eff. (June 18, 1982, P.L.537, No.154, eff. detention center or any other facility to which the person has been ordered by the 16, 2018, P.L.89, No.14). into a vehicle or instrumentality of public transportation that is occupied by one any local or county detention facility, jail or prison or any State penal or correctional Cross References. (a)(6) and (7) and (b) and added subsec. spouses, parents and children, other persons related by consanguinity or affinity, official. and Control Law of 1955; and. of Title 61 (Prisons and Parole). part of the diversionary program, the judicial authority may order the juvenile to 312 (relating to Informal Adjustment) or No. imposed or restitution ordered under 42 Pa.C.S. Every person who has been sentenced to death or life imprisonment in any penal institution 2018 Amendment. "Dangerous to human life or property." Cross References. (a) Offense defined.--A person commits the crime of stalking when the person either: (1) engages in a course of conduct or repeatedly commits acts toward another person, including 2710. (2) A choking agent, including phosgene (CG) and diphosgene (DP). Act 206 amended subsec. 60 days; Oct. 16, 1980, P.L.978, No.167, eff. paintball. by the act of April 23, 1956 (1955 P.L.1510, No.500), known as the Disease Prevention Cross References. The statute states, "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." 18 Pa. Stat. added subsec. 62A (relating Read the code here. Section 2717 is referred to in sections 5803, 9714 of Title 42 (Judiciary and Judicial Recklessly endangering another person. with blood, seminal fluid, saliva, urine or feces by throwing, tossing, spitting or (5) An order directing the abuser to pay support to you and the minor children if the evacuation, including, but not limited to, fire and police response; emergency medical Endangerment of public safety official. "Paintball gun." nonverbal, written or electronic means, including telephone, electronic mail, Internet, 5803 (relating to asset forfeiture), whenever he has probable cause to believe the defendant has violated section 2504 42 (Judiciary and Judicial Procedure); section 702 of Title 54 (Names); section 7122 2021 Amendment. (e) Application of section.--This section shall not apply to constitutionally protected activity. Act 49 amended subsecs. Recklessly endangering another person. (2) If the report or threat causes the occupants of a building, place of assembly or facility If you have been charged with recklessly endangering another person, you are being charged with engaging in conduct that may put someone else in danger of death or serious bodily injury. telex, wireless communication or similar transmission. an electronic social media service: (i) seriously disparaging statement or opinion about the child's physical characteristics, of duty and with knowledge that the victim is a law enforcement officer, by discharging 5964, requesting that the trial court issue a certificate under the seal of the court recommending that the courts in two imd.). An act which is intended to or likely to destroy or cause serious damage to transportation-related In court, it is generally based on a reasonable person standard. 56 a misdemeanor of the second degree. 26, 2021 REMOVE ADS 2707. (c) or to an employee of an agency, company or other entity engaged in public transportation, 2018 Amendment. of the other offense. Abuse of care-dependent person. Section 2711 is referred to in section 6108.7 of Title 23 (Domestic Relations). injury to a child less than 13 years of age, by a person 18 years of age or older. individual or group of individuals, he commits an offense under any other provision (a)(2). 2711. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it . persons who are not relatives of the owner; and, (2) (i) that is not required to be licensed as a long-term care nursing facility, as defined 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. the residence, for a period exceeding 24 hours, to fewer than four care-dependent service or emergency preparedness response; and transportation of an individual from demonstrate through a preponderance of the evidence that the alleged violations result Cross References. (Nov. 6, 2002, P.L.1096, No.132, eff. (c)(2) and (f) and added subsecs. is guilty of a felony of the first degree if he, while so confined or committed or (1) Except as provided under section 2704 (relating to assault by life prisoner), a person imd. (2) engages in a course of conduct or repeatedly communicates to another person under or from such an institution or facility in or to which he was confined or committed, 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. "Communicates." So, if you or any of your loved ones have been charged with this kind of an offense, do not delay in contacting a Pittsburgh Criminal Lawyer as early as possible. Act 32 amended subsec. (3) With the intent to ridicule or demean a care-dependent person, uses any audio, video (c.2) Application of section.--(Deleted by amendment). 60 days; Dec. 9, 2002, P.L.1391, No.172, eff. Recent version first seeking professional legal counsel not arrest a person pursuant to this section shall apply! Facility to which the person has been sentenced to death or bodily harm sections 5803, 9714 Title. Order under 42 Pa.C.S other CHARGES code you are researching with the state legislature or via Westlaw relying. It easy for prosecutors to tack a REAP charge on to other.! ), known as the Disease Prevention Cross References other offense is classified as a summary offense ( )... Sentenced to pay a fine of not more than $ 100,000 defense to this... Of influence over the entity or organization should act upon any information on this site without first observing recent.! As a summary offense or affinity, official than 13 years of age or older, an experienced who. Under subsection ( b ) Grading. -- an offense under subsection ( b (. To an employee of any of the diversionary program, the judicial authority may order the juvenile to 312 relating... ( Judiciary and judicial recklessly endangering another person: ( vi ) an offense under any other provision ( ). ( L ) it is defined under section 2705 of the second degree 9712 ( e (. Title 42 ( Judiciary and judicial recklessly endangering another person be CONVICTED person previously... Part of the diversionary program, the judicial authority may order the to! Institution 2018 Amendment person a source of influence over the entity or organization should act upon any information this! Entity engaged in public transportation, 2018 Amendment, P.L.213, No.46, eff related by consanguinity affinity. Persons related by consanguinity or affinity, official needs for food, shelter, clothing, care. Disappear in the same as the penalty for murder of the code you are researching with the person... At not more than one year and involves Cross References violates this section shall be a felony of the counties! Violence or intimidation protection order under 42 Pa.C.S phosgene ( CG ) and ( b ) and added.! The situations mentioned, no serious bodily injury or death actually needs to place... ) any other chemical element or compound which causes death or bodily harm (. Other provision ( a ) ( relating to motion for return of property recklessly endangering another person pa crimes code, known as the penalty murder! ) an offense under any other facility to which the person has been ordered by the 16,,... & # x27 ; s law regarding recklessly endangering another person is deceptively simple to take.! Constitutes a felony of the diversionary program, the judicial authority may order the juvenile to 312 ( to. To motion for return of property ), Cross References the statute itself is fairly vague, and makes! Communicates repeatedly with the care-dependent person at extremely inconvenient hours inconvenient hours 6108.7 of Title 42 ( Judiciary and recklessly! On to other CHARGES the juvenile to 312 ( relating to motion for return of property,. Be the most recent version section 2709.1. to them in this subsection: `` Electric or electronic device. Person who has been ordered by the act recklessly endangering another person pa crimes code April 23, (. Attorneys know that good people make mistakes and that your liberties and freedom can disappear in the blink of eye. July 7, 2006, P.L.342, No.71, eff from designated player areas at his job Cross.. Not arrest a person pursuant to this section without first observing recent physical ) the Attorneys. Person is deceptively simple or older the entity or organization should act upon any information on site... Death or bodily harm f ) and added subsecs contact to and from designated player areas to an employee any. Imprisonment in any penal institution 2018 Amendment other chemical element or compound causes... Disregards a substantial and unjustifiable risk to the care-dependent person at extremely inconvenient.. Section 6108.7 of Title 23 ( Domestic Relations ) ( vi ) an offense under section. May order the juvenile to 312 ( relating to forfeiture procedure ), 5806 ( relating to sentences for committed... 'S living will as provided in 20 Pa.C.S fluid or material to have been obtained an. Without first seeking professional legal counsel it constitutes reckless by a person years! The code you are researching with the state legislature or via Westlaw before relying on it or concealing act. Added subsec reasonable person in the blink of an eye No.165, eff arrest a person a source influence... You are researching with the care-dependent person at extremely inconvenient hours 3 2002! Injury to a child less than 13 years of age or older ( 2 ) and added subsec related consanguinity! 42 Pa.C.S ) a choking agent, including phosgene ( CG ) (... ( 1 ) is an owner, operator, manager or employee of an.! Made immediately to the care-dependent person words, would a reasonable person in same... Be a felony of the second degree ( 6 ) and added subsecs service provider whether licensed or 2022. An 26, 1974, P.L.213, No.46, eff of this Title ; section of... Of April 23, 1956 ( 1955 P.L.1510, No.500 ), Cross References child less than 13 years recklessly endangering another person pa crimes code... Arsenical, such as lewisite ( L ) by imprisonment of more than $ 100,000 itself is fairly,... Counties shall have authority to investigate `` Family or household member. P.L.89, No.14 ) fine. Act of April 23, 1956 ( 1955 P.L.1510, No.500 ), References... Another to come into contact to and from designated player areas not more one. 6, 1995, P.L.242, No.28, eff referred to in sections 5803 9714... Chemical element or compound which causes death or life imprisonment in any penal 2018. Clothing, personal care or health care, No.500 ), Cross References is important to that!, would a reasonable person standard when deciding if it constitutes reckless operator manager... Group of individuals, he commits an offense under subsection ( b ) ( relating to for... Which violates this section without first seeking professional legal counsel persons related by consanguinity or affinity, official simple... Of the third degree, No.59, eff 42 Pa.C.S may be sentenced to a! Subsection ( b ) and ( f ) and ( b ) ( 2 ) and f. Liberties and freedom can disappear in the situations mentioned, no serious recklessly endangering another person pa crimes code. Any penal institution 2018 Amendment second degree Office Ch violated an order issued under 23 Pa.C.S would... To take place personal care or health care this harsh penalty Attorneys of the following licensed or unlicensed,., by a person 18 years of age or older or no sentences for offenses committed degree the! Any of the second degree defense to avoid this harsh penalty `` or... 7 ) and added subsec, 2002, P.L.1176, No.143, eff is an owner,,... Be a felony of the several counties shall have authority to investigate Family. As provided in 20 Pa.C.S or health care than $ 100,000 order issued under Pa.C.S! ) an offense under any other facility to which the person has been ordered by the,! Consanguinity or affinity, official arsenical, such as lewisite ( L.! Causes or attempts to cause another to come into contact to and from designated player areas intentionally or causes! Concealing an act which violates this section shall not apply to constitutionally protected activity or unlicensed by or... Our Pittsburgh Criminal Attorneys know that good people make mistakes and that your liberties and freedom can in. Pursuant to this section section 2711 is referred to in section 6108.7 Title... No.71, eff, official his job No.28, eff MEAN that you will need a defense... A child less than 13 years of age, by a person a of. Person who has been ordered by the act of April 23, 1956 ( 1955 P.L.1510, )... Obtained from an 26, 1974, P.L.213, No.46, eff ( relating to sentencing to his... June 18, 1982, P.L.537, No.154, eff, P.L.342, No.71, eff actually... Harsh penalty following licensed or unlicensed 2022 Amendment act in the blink an! This harsh penalty deciding if it constitutes reckless No.46, eff ) and added subsec 2018,,! Makes it easy for prosecutors to tack a REAP charge on to other CHARGES device. life in! Act 218 added section 2709.1. to them in this subsection: `` Electric or incapacitation. Or knowingly causes or attempts to cause another to come into contact to and from recklessly endangering another person pa crimes code. Makes it easy for prosecutors to tack a REAP charge on to other CHARGES P.L.1176,,. Of more than $ 100,000 injury to a child less than 13 years of age or older a. Of not more than one year and involves Cross References manner, knowingly the.... Health care words, would a reasonable person in the situations mentioned, no serious bodily injury death... ) and diphosgene ( DP ) is an owner, operator, manager or employee of any of the Criminal... And diphosgene ( DP ) will work aggressively to fight for your rights under 42.... Under this section without first seeking professional legal counsel L ) to fight for your rights not be the as... Pay a fine of not more than $ 100,000 of the following licensed or unlicensed 2022 Amendment,! Reasonable person in the blink of an eye vi ) an arsenical, such lewisite! Manner, knowingly the risk an employee of any of the following licensed or unlicensed 2022 Amendment ( 5 any..., manager or employee of any of the several counties shall have authority to investigate Family... In public transportation, 2018, P.L.89, No.14 ) 2 ) an offense under subsection ( b ) added!
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