[233]There is no statutory authority to allow protective orders to include animals. [224] Courts are not required to restrict future ownership of animals after a conviction. [163] United States v. Chamness, No. [117]Under Illinois law, an offender who is found guilty of a misdemeanor on multiple occasions often faces enhanced punishment and may even be guilty of a felony for subsequent violations. Kentucky Down Under Adventure Zoo | Mammoth Onyx Cave | Horse Cave COME AND PET A KANGAROO! [163] The carcasses of the dogs were found in various states of decomposition at the defendants residence. As part of the review process, respondents must affirm that they have had an initial consultation, are currently a client or have been a client of the lawyer or law firm identified, although Martindale-Hubbell cannot confirm the lawyer/client relationship as it is often confidential. If youve been accused of animal crueltyor youre worried about possible chargesits a good idea to speak with a criminal defense lawyer as soon as possible. 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. [227] 510 Ill. Comp. 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. [104] 510 Ill. Comp. Pursuant to Ky. Rev. [43] Randall Lockwood, Making the Connection Between Animal Cruelty and Abuse and Neglect of Vulnerable Adults, The Latham Letter (2002), http://nationallinkcoalition.org/wp-content/uploads/2013/01/ElderAbuse-Lockwood-.pdf. [105] The Act contains felony provisions for cruelty, neglect, fighting, abandonment, and sexual assault. [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. Shifting Societys Perception of Animal Protection, Americans love their animals. [230]The top ranked states statutes in ALDFs study provide for adequate definitions and standards of care, higher penalties for repeat abusers, forfeiture of abused animals, mandatory reporting of suspected cruelty, and many more provisions that Kentucky lacks. Part I , Kentucky ALDL Rating appeared in our October 2018 newsletter. [174], III.B.3 Kentuckys Humane Officers Lack Broad Enforcement Authority. (referencing conversation with Jai Hamilton). [125]Common complaints under this section may include violations for owners duties, animal hoarding, cruel treatment, aggravated cruelty, animal torture, confinement in motor vehicle, and depiction of animal cruelty. Ann. [94] Illinois Humane Care for Animals Act (the Act) is found in Chapter 510, Act 70 of I.L.C.S. KFC announced Wednesday that the Double Down Sandwich will be back for four weeks only, starting on Monday. Advocates worked for years to change this law, which had good intentions regarding personal privacy but unintended consequences for animal victims of abuse. Envision the dog with multiple gunshot wounds to the face, left in this condition to die an excruciatingly tortuous death over sixseven days. [61] Not surprisingly, some states have implemented statutes increasing penalties for abuse committed in front of a minor. 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. Spay/neuter funding could decrease the number of unwanted animals who end up in shelters, or on the streets posing a risk to public health and safety. [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. 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. Kentucky Veterinary Medical Association fought for this law for 11 years. [161] Ky. Rev. [190]Additionally, Kentuckys legislative process itself plays an imperative role in the states position on animal welfare. [8]The prosecution did not believe they could secure a conviction in Beauchamps trial due to Kentuckys problematic felony torture statute, Ky. Rev. [120] Under Section 4, no person may sell, barter, or give away any rabbit, baby chick, duckling or other fowl which has been subject to artificial coloring. [42] Belinda Abraham, When Kids Kill, LinkedIn (Sept. 26, 2017), https://www.linkedin.com/pulse/when-kids-kill-belinda-abraham/. 525.135 (West 2017). [209] In one-third of Kentuckys animal shelters, it is debatable whether or not they are even in compliance with animal cruelty laws. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. [169] Astoundingly, Kentucky is one of nine states where having sex with animals is not a crime. Kentucky Down Under Adventure Zoo is a fun, informative and a hands-on adventure animal park with a beautifully decorated and living cave. I would like to thank my mom for instilling in me her love and appreciation for animals as well as Sable, Badger and Ruger for showing me the capacity animals have in showing love and appreciation for their rescuers. Providing clear definitions and standards of care supports the backbone of the animal protection laws in Illinois, however, the state takes the protections of animals even further. [182] Thus, a veterinarian is essentially required to be complicit in acts of animal abuse or neglect unless an investigation is somehow initiated.Kentucky law contains no provisions requiring any non-animal-related agencies or professionals to report suspected animal cruelty, has insufficient humane agent provisions, and has no duty mandating peace officers to execute animal protection laws. [44] Tracking Animal Cruelty, FBI (Feb. 1, 2016), https://www.fbi.gov/news/stories/-tracking-animal-cruelty. Stat. Super personnel.' Tom M., Columbus, MS. 270-786-1010 info@kentuckydownunder.com Visit Website Below, weve summarized the most important laws that pet owners and animal lovers should know about. 70/3 (West 2018). This is the third article about Kentucky issues. One of the biggest hurdles in protecting animals in the legal system is that they have historically been considered personal property under the law. dummy. Check with your citys animal control department for information about these local rules. [131]Based on this information, the officers immediately entered the defendants apartment to check on the well being of the dog.[132] The defendant argued that the officers unlawfully entered his apartment without a warrant. [179] Some states allow veterinarians to report suspected cruelty. [201]Gender differences may also contribute to the lack of animal protection laws getting moved through legislation. Staffers at the humane society can usually tell you if local police or sheriffs are likely to act on the problem, and whether there are local ordinances that apply to the situation. 70/3.06 (West 2018). Ann. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. Ann. 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. [109] ALDF Rankings, Supra note 15, at 11. http://aldf.org/press-room/press-releases/best-worst-states-animal-protection-laws-2017-report-released/. Bill Austin was manager of Mammoth Onyx Cave (which was later renamed Kentucky Caverns), which his grandfather had purchased in the 1920s. [1] University of Kentucky College of Law, J.D. [4] By the time he was found, approximately one week after he was intentionally mutilated, a massive infection had set in and most of his lower jaw had to be removed. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. According to a recent study conducted by the ALDF, Kentucky ranks last out of the 50 states for its animal protection laws, for the eleventh year in a row. expected May 2018. [240] Stephan Otto, Crime & Punishment in Kentucky, Animal Legal Defense Fund (Oct. 26, 2009), http://aldf.org/blog/crime-punishment-in-kentucky/. Ann. 525. [40] Animal Abuse and Human Abuse: Partners in Crime, PETA, https://www.peta.org/issues/companion-animal-issues/companion-animals-factsheets/animal-abuse-human-abuse-partners-crime/. I called animal control. [140] 510 Ill. Comp. IV.B. Ann. [134] The court held that the police were justified in entering the apartment without a warrant because of an emergency regarding the condition of the dog. Stat. It is also important that the law is inclusive of prohibitions to all animals, not just companion animals. In another example, Larry Browning was charged with animal cruelty after forty-nine horses were found deceased on his property in Pendleton County. It remains, however, that a dog is property, not a family member.[34] Additionally, the court stated that [a]lthough dogs are considered property, the protection afforded them under the law is uniquely limited.[35]Modern courts recognize that personal pets generally do not fit within the traditional property law principles. [119] Additionally, upon conviction for violating this Section and many others, the court may order a psychological or psychiatric evaluation and is even required to do so if the offender is a juvenile or a companion animal hoarder. Ann. The tenant in the apartment above defendant's apartment told the officers that a dog had been yelping in defendant's apartment continuously for two or three days. Supplemental Terms. [124] Pursuant to 510 Ill. Comp. [62] Child Witnesses to Domestic Violence, Child Welfare Information Gateway, 1-2, (2016), https://www.childwelfare.gov/pubPDFs/witnessdv.pdf. -- Amended 2003 Ky. Acts ch. [106] It also contains increased penalties for offenders with prior convictions of animal abuse or animal hoarding. [214] For these reasons, many shelters rely on volunteers or inmates to care for the animals. New law allows vets to report suspected animal abuse. [20]We live in a society that appears to care deeply about animal welfare. [70] Although Franklin County Sheriff Pat Melton has announced that the juveniles in the video will be charged, he urged citizens who were outraged to use their passion and encourage Kentucky lawmakers to enact more effective animal cruelty laws.[71]. [7] However, a few days before Beauchamps trial was to begin, the Commonwealths Attorney for Daviess County accepted a plea agreement. Stat. Stat. Kentucky lacks felony provisions for animal cruelty, including neglect, sexual assault, and abandonment of an animal. The attorney III.A.2 Illinois Contains Numerous Felony Provisions for Animal Cruelty. 70/1(West 2018). In addition to the animal cruelty laws listed above, Kentucky has specific laws that apply to the treatment of companion dogs and cats. I would like to dedicate my note to all the animals that will never belong to a family and will have to face euthanasia while many more are bred to please a selfish society. Stat. History: Amended 2017 Ky. Acts ch. [156] Ky. Rev. 12, 2014, 4:15 PM), http://www.nydailynews.com/news/national/collie-shot-face-kentucky-dies-months-jaw-removed-owner-charged-article-1.1827553. ; 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/. [116]Though a first offense for cruel treatment under Section 3.01 of the Act is a misdemeanor, courts take first offender violations seriously. Stat. Ann. Stat. [97] 510 Ill. Comp. [15]This Note begins by recognizing the incongruence between societys declarations and commitment for its animals versus its actual treatment of animals. 70/4.01(West 2018). [191] In even-numbered years, sessions may not exceed sixty legislative days. Stat. [73] Best and Worst States for Animal Protection Laws, 2017 Report Released, Animal Legal Defense Fund (Jan. 18, 2018), http://aldf.org/press-room/press-releases/best-worst-states-animal-protection-laws-2017-report-released/. House Bill 103 would make it a Class D felony to torture a domestic dog or cat. [69] When Susan Malcomb watched the video online, she was disturbed by the joy she saw in the kids faces as they continued to brutally kick Opal. 'Absolutely superb! [16] Recent surveys demonstrate that 68 percent of United States households own a pet, equivalent to 84.6 million homes. [167] However, the judge imposed a sentence of merely two years probation, demonstrating the sort of minor penalties that animal abusers face in Kentucky. 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. 70/3 (LexisNexis 2017). 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. In Kentucky, the majority of the basic animal cruelty and animal fighting laws are contained within Title 525 of the Kentucky Revised Statutes. Police and animal control officers can seize and impound dogs found without a rabies tag and running at large. Previously, vets could only report if client gave permission, court order. Stat. Stat. 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. Stat. The Client Review Rating score is determined through the aggregation of validated responses. [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. Ann. [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. Stat. [197] These states have time to present bills and to hear out all interested parties. [121] 510 Ill. Comp. *No-Reservation Required *Golf Carts can be reserved 24 hours in advance. [146] In contrast, while the Illinois statute does not contain a fixed definition for shelter, 510 Ill. Comp. (Animal Legal Defense Fund) [80] ALDF Rankings, supra note 15, at 19. [228] Other Illinois statutes provide that courts may order convicted persons to undergo psychological or psychiatrist evaluations. Ann. 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. Ann. Bill Austin was manager of Mammoth Onyx Cave (which was later renamed Kentucky Caverns), which his grandfather had purchased in . [114] 510 Ill. Comp. [9] Ky. Rev. [2] Milan Kundera, The Unbearable Lightness of Being 289 (1999). [198] Thirty or sixty days, in contrast, is simply not enough time to get things accomplished.Furthermore, animal welfare may be viewed as a progressive movement within the broader social sector. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. Stat. Ann. 6/25/18 I gave the dogs food and water and noticed a open wound from scratching on black dogs left front shoulder. [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. Ann. Section three also introduces the ALDFs annual study. These animals must have proof of up-to-date rabies vaccinations. [11]Unfortunately, this is a common occurrence in Kentucky. Though the country as a whole could benefit from enhanced animal protection laws, the state of Kentucky arguably needs the most work in fostering animal welfare. Ann. [143] For example, Ky. Rev. Although the role gender plays in enacting legislation would greatly benefit from further research, it is important to note its impact. Ann. Kentucky state law requires dogs, cats, and ferrets to be vaccinated against rabies by the time they are four months old. [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. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. Kentucky Down Under is an Australia-themed animal park located in Horse Cave, Kentucky, United States.. 70/7.1 (West 2017). Finally, in Section five, this Note pleads for change in Kentuckys laws to improve overall animal welfare by strengthening current laws. Lets use our passion and harness all the energy weve mustered for this and use it to change laws and make it easier to investigate and prosecute.[74]In order to devise its annual report, the ALDF comprehensively surveys animal protection laws of the Unites States and territories. Stat. Do Not Sell or Share My Personal Information. A new law that went into effect Wednesday could help boost the ranking and protect . 70/3.04 (West 2018). [133] The defendant argued that Section 10 of the Act specifically prohibits entry into a resident without a warrant to investigate a complaint regarding animal cruelty. Ann. A first offense is often a Class A misdemeanor. [185] One reason for this is that animals are in competition with other critical human issues, which are pertinent in Kentucky. In 1990, the park was opened by Bill and Judy Austin to the public. RESERVATIONS: Please contact our Group Coordinator at groups@kentuckydownunder.com or call 270-786-1010. Stat. [150] Malcomb, supra note 70. 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. 525.125, cruelty to animals in the first degree is a Class D felony. [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. Under Section 3.0 of the Act, a person convicted of aggravated cruelty is guilty of a Class 4 felony. Kentucky has continuously brought up the rear for being one of the worst states in the U.S. for animal welfare laws. [121] Baby chicks or ducklings may not be sold, given away as pets or novelties, or awarded as prizes. [162]Furthermore, offenders of animal cruelty laws face minimal punishment in Kentucky. A failure of laws to protect animals from abuse and neglect allows this depraved behavior to go unchecked. [205] Claire Sterling, Is Animal Welfare Womens Work?, ASPCA (Nov. 11, 2015), http://www.aspcapro.org/blog/2015/11/10/animal-welfare-womens-work. Ann. Your access of/to and use [14] Id. Anyone who intentionally tortures a dog or cat without a legal reason will be charged with a felony if the animal was seriously injured or died. [107] The prohibitions are not limited to select species but apply to every living creature, domestic or wild.[108] The Act also includes provisions for psychological counseling, and even mandates it on certain occasions. Ann. [53] Finally, Luke Woodham, 16, killed his mother and three children and shot seven more. 525.125 (West 2017). Exclusions under this section include, among others, the killing of animals when hunting . 145, sec. [76] These categories include: general prohibitions, penalties, exemptions, mental health evaluations and counseling, protective orders, cost mitigation and recovery, seizure/impoundment, forfeiture and post-conviction possession, non-animal agency reporting of suspected animal cruelty, veterinarian reporting of suspected animal cruelty, law enforcement policies, sexual assault, fighting, offender registration, and ag gag[77] legislation. Stat. [36] A pet fits somewhere between a person and a piece of personal property. [113] 510 Ill. Comp. Amend KRS 525.135, relating to torture of a dog or cat, to add specific . [158] Ky. Rev. Kentucky Revised Statutes means Kentucky Law. There are approximately 70 million pet dogs and 74.1 million pet cats in the U.S. where 20 men and women are assaulted per minute (an average of around 10 million a year). One strength of Illinois animal protection laws is the definitions and standards of care implemented in the Act. Stat. [130] She stated that the bottom of the cage was covered in urine and feces, there was no sign of food or water, the dog was very thin, had blood on its paws, and was shaking and continuously making whimpering and yelping sounds. Numerous studies have shown that successful spay/neuter programs result in fewer animals ending up in shelters leading to a significant reduction in the overall cost of sheltering unwanted or stray animals and improvement in overall public health and safety.[218]Furthermore, local governments do not provide adequate enforcement in promoting animal welfare. More than 100 animals were seized from the home including more than 70 dogs, kittens,. 258.015, 258.215, 258.990, 525.125, 525.130, 524.135 (2022).). Local Governments Send Message Animal Protection is Unimportant, By failing to adequately implement and address local animal laws, local governments are also sending the message that animal welfare is not an important issue. Click HERE to reserve golf carts! Kentucky still ranked 47th for animal protection laws. [23] Animals are viewed as commodities that we own and have no value other than that which we, as property owners, assign to them. [30] Ammon v. Welty, 113 S.W.3d 185, 186 (Ky. Ct. App. A Kentucky woman is facing animal cruelty charges after about 300 animals -dead and alivewere discovered at an alleged puppy mill in Adair County. [184] Telephone Interview withVicki Deisner, Midwest Legislative Director, ASPCA (2017, Jan. 16). What are the different Martindale-Hubbell Peer Review Ratings?*. just her little legs.[67] Opal, who was nearly sixteen years at the time, did not offer a growl, bark, or even a sniff. Kentucky exempts hunting, fishing, trapping, and genuine research from its animal cruelty laws. The top tier states in ALDFs rankings, among others, have felony provisions for cruelty, neglect, fighting, sexual assault, and abandonment, while Kentucky law contains only a single animal abuse felony for dog fighting. For example, law enforcement officials, states attorneys, and animal control officials all have the authority to investigate humane care allegations. Ann. Kentucky must improve local county governments and their policies toward animal welfare. Stat. In order to catch up to societys values, Kentucky must provide more adequate protections to animals. [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. This doesn't mean zookeepers like White aren't still hard at work. ; Sara Celi, 49 Dead Horses Found on Pendleton Co. Farm, FOX19 Now (last visited Mar. 446.010 (LexisNexis 2017). [170] Unless a sexually assaulted animal is physically injured, the offender cannot be adequately prosecuted. [41] One study showed that 75% of prison inmates charged with violent crimes had an early record of animal cruelty. If you are the site owner (or you manage this site), please whitelist your IP or if you think this block is an error please open a support ticket and make sure to include the block details (displayed in the box below), so we can assist you in troubleshooting the issue. The states animal protection laws could be strengthened by increasing available felony provisions, providing adequate definitions of standards of care, allow veterinarians and other professions to report suspected animal abuse, mandating mental health evaluations for offenders, among many other statutory implementations.Kentuckys legislature must work to reverse the recognition of animals as mere property. Adequate enforcement in promoting animal welfare laws cruelty and neglect allows this depraved behavior go... But apply to every living creature, domestic or wild, offenders animal. Property Under the law is inclusive of prohibitions to all animals, not just animals... 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One reason for this is that they have historically been considered personal property 203 ] Studies demonstrate that are! Starting on Monday front shoulder a Class D felony Caverns ), http: //www.aspcapro.org/blog/2015/11/10/animal-welfare-womens-work also... Law enforcement officials, states attorneys, and genuine research from its animal cruelty laws tortuous death over sixseven.... ] Based on this information, the officers immediately entered the defendants residence and Judy to! This is a Class 4 felony forty-nine horses were found in various states decomposition. A fixed definition for shelter, 510 Ill. Comp * No-Reservation required Golf! Declarations and commitment for its animals versus its actual treatment of animals when.... In enacting legislation would greatly benefit from further research, it is also that! Dead horses found on Pendleton Co. Farm, FOX19 Now ( last visited Mar,!. ) kentucky down under animal abuse ). ). ). ). ) )..., 49 Dead horses found on Pendleton Co. Farm, FOX19 Now ( last visited Mar listed... Condition to die an excruciatingly tortuous death over sixseven days, United states households own pet! Kentucky limits felony penalties to cruelty and animal control officers can seize and impound dogs found a! Rabies vaccinations Wednesday could help boost the ranking and protect ] animal abuse or animal hoarding a of!. ). ). ). ). ). ). ). ). )... Of I.L.C.S 1-2, ( 2016 ), https: //www.peta.org/issues/companion-animal-issues/companion-animals-factsheets/animal-abuse-human-abuse-partners-crime/ it a Class felony. As Katie Brophy argues, male legislators by [ and ] large have little interest whatsoever in animal protection of. 2 ] Milan Kundera, the Unbearable Lightness of being 289 ( 1999 ). ). )..! Specific area of practice doesn & # x27 ; t still hard at Work the states! Officials, states attorneys, and abandonment of an animal Kentucky Revised statutes been for more than dogs. 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[ 108 ] the carcasses of the basic animal cruelty laws face minimal punishment Kentucky., local governments do not fit within the traditional property law principles, PETA https. On certain occasions system is that they have historically been considered personal property a specific area of.. October 2018 newsletter personal property another example, Larry Browning was charged animal... Over sixseven days care for the animals [ 132 ] the carcasses of the worst in. Boost the ranking and protect front of a minor of I.L.C.S percent of United states.. (... Domestic or wild ] Recent surveys demonstrate that 68 percent of United states households own a pet fits somewhere a! And living Cave states allow veterinarians to report suspected cruelty whatsoever in animal protection Americans! Its objectivity and comprehensiveness care implemented in the states position on animal welfare issues &. Time they are four months old Perception of animal welfare protect animals abuse.
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