"mainEntity": [{ control of the motor vehicle does not make reasonable efforts to notify or locate the true more than two thousand dollars, or both. Posted on Mar 24, 2015. Time Limits for Theft-Related Offenses in Louisiana Armed robbery, first-degree robbery, carjacking: 6 years after the crime Felony theft (involving $25,000 or more): 6 years after the crime Felony theft (involving $1,000 to $25,000): 4 years after the crime Misdemeanor theft (less than $1,000 in value): 2 years after the crime Copyright 2023, Thomson Reuters. (1) A person who alleges that there has been a theft of a motor vehicle shall attest At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. R . After that time is up, prosecutors are not allowed to bring charges. A majority of states have a statute of limitations for all crimes except murder. If the offender in such cases has been convicted of theft In other words, the statute of limitations for various types of legal actions starts running at different times depending on a variety of different circumstances, including: Due to the complexity of the law and various statutes of limitations in Louisiana and when they apply, a free initial consultation with a Shreveport/Bossier City lawyer is the best way to make sure you understand your individual time constraints and protect yourself. In some states, the information on this website may be considered a lawyer referral service. In some states, the information on this website may be considered a lawyer referral service. Ct. App. Repeat theft offenses. (5) Removes any price marking with the intent to deceive the merchant as to the (2) If the affidavit is not taken in person by a law enforcement officer or agency, the If you experience any technical difficulties navigating this website. The penalties increase along with the value of the stolen property or services. This means that if a homeowner in Louisiana wants to file a lawsuit for physical damage to their land or the exterior of his or her home caused by someone elses negligence, it must be done within one year. If you need an attorney, find one right now. It is not intended to provide legal advice or opinions of any kind. place an item in a container or bag to avoid theft detection. Statutes of limitations (SOL) is the time in which a lawsuit is initiated by an injured person or victim. (3) The failure to provide an affidavit as required by this Subsection shall not, of Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Code Crim. Failing to file charges within the time limitscalled "statutes of limitations"can result in the case being dismissed. The length of time a statute of limitations allows varies based on the type of offense. } Start here to find criminal defense lawyers near you. (4) When the misappropriation or taking amounts to less than a value of one Lets dig into our statute of limitations law! Some crimes have long periods of time where legal action may be taken, while others have no statute of limitations at all due to their severity. "acceptedAnswer": { Semitrailer deployed by a law enforcement officer. In other words, after the passing of a certain amount of time, the prosecutor will be legally barred from filing charges. Misdemeanor theft (property valued at less than $1,000) increases to a felony-level offense if the offender has two or more prior theft convictions. Despite arguments on both sides of the matter, statutes of limitations that are currently in place do not seem to be going anywhere any time soon. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453. (2) When the misappropriation or taking amounts to a value of five hundred dollars or more, but less than a value of one thousand five hundred dollars, the offender shall be imprisoned, with or without hard labor, for not more than five years, or may be fined not more than two thousand dollars, or both. For attempted first degree rape, the statute of limitations period is . These limitations keep people from holding the threat of a lawsuit over someones head indefinitely and protect the integrity of the evidence. $750 to $5,000: A felony with up to five . "@type": "Question", Sign up for our free summaries and get the latest delivered directly to you. 303, 1. one of the best criminal defense lawyers in new orleans. The Louisiana Statute of Limitations for civil actions sets a time limit after an injury or civil wrong occurs, during which an injured party can file a lawsuit. Once that deadline passes, the defense can . Grand theft to the 1st degree is the most serious level of theft in Florida. known that the motor vehicle has been stolen. This law states: Delictual actions are subject to a liberative prescription of one year. Statutes of Limitations: Louisiana | Practical Law Statutes of Limitations: Louisiana by R. Devin Ricci, Kean Miller LLP, with Practical Law Litigation Law stated as of 16 May 2022 Louisiana, United States A Q&A guide to the statutes of limitations in Louisiana for several commercial claims. Since the timelines can be difficult to follow, you should seek help from an experienced attorney who can apply their expertise of criminal law to the details of your case. But whether changes apply to past crimes depends on a couple of factors and can be complicated. For more information about Los Angeles statute of limitations issues, and to schedule your free consultation, contact Los Angeles Criminal Defense Lawyer Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. B. Certain sex crimes against minors, for example, have a 30-year statute of limitations. Can you be charged with a crime from six months or six years ago? The decision about how the crime will be prosecuted will be driven largely by the facts of the case and the defendants criminal history. It's a valid question and an important one at times. The answer depends on many factors, such as the value of what was stolen, and of course the laws in your jurisdiction. The civil statute of limitations in Louisiana varies depending on the facts of the case and the type of claim. In some cases, when they are unaware that they have been harmed, plaintiffs may be protected. You can also visit FindLaw'sCriminal Law Basicsfor more introductory information on this topic. (3) When the misappropriation or taking amounts to a value of one thousand dollars or more, but less than a value of five thousand dollars, the offender shall be imprisoned, with Laws change and evolve with time so you want to make sure you speak to a qualified criminal attorney to understand the theft statute of limitations. COPYRIGHT 2020 ELIZABETH B. CARPENTER, ESQ. labor or shall be fined not more than five thousand dollars, or both. However, in cases involving major crimes, such as murder, there is no statute of limitations and the time for which to file charges typically has no endpoint. SUBPART C. BY MISAPPROPRIATION WITHOUT VIOLENCE. States often have varying limits set for different types of civil proceedings as well as for pursuing a criminal procedure. The enhanced sentence depends on the number of prior felonies committed within the past five years and, in some cases, the type of felony (such as a violent felony or sex offense). It includes theft of: Property valued at $100,000 or more. For example, the statute of limitations period may be three years in California for a felony theft. Forcible or second-degree rape: no time limit, Certain sex offenses involving a victim younger than 18: 30 years after the victim turns 18, Third-degree rape: six years after the offense, Armed robbery, first-degree robbery, carjacking: 6 years after the crime, Felony theft (involving $25,000 or more): 6 years after the crime, Felony theft (involving $1,000 to $25,000): 4 years after the crime, Misdemeanor theft (less than $1,000 in value): 2 years after the crime, extortion or false accounting committed by a public officer or employee in their official capacity, and, public bribery (involving public officers, employees, or officials, jurors, witnesses, or elected officials). Lawmakers can and do change limitations periods. container, package, or wrapping in a manner to avoid detection. That means the time period will not begin until a later date, and a limitations period can last years longer than it would otherwise." The general time limits are: (La. Cases for misdemeanors punishable only by a fine or forfeiture must start within 6 months. Louisiana criminal statutes define theft as the taking or misappropriation of anything of valueproperty, money, or servicesthat belongs to another person, either without consent or by fraudulent conduct. D. In a prosecution under this Section where the property allegedly misappropriated or taken was held for sale by a merchant, an intent to permanently deprive the merchant of the property held for sale may be inferred when the defendant: (1) Intentionally conceals, on his person or otherwise, goods held for sale. June ", 82, 1; Acts 2010, No. All rights reserved. The same works with statutes of limitations. For example, murder does not have any statute of limitations. As weve learned, statutes of limitations vary from state to state and are essentially time limits for launching a lawsuit or other civil action. If you need an attorney, find one right now. Name The statutes of limitation shall be interrupted (paused) when the defendant: (1) Avoids detection, apprehension or prosecution, flees from the state, is outside the state, or is absent from his usual place of living within the state; or (2) Lacks mental capacity to proceed at trial and is committed to a psychiatric hospital. The short answer is that it depends on where you are. This is also known as the statute of limitations Louisiana for property damage. Is there a timeline that you should be aware of? This means a district attorney has the authority to charge certain crimes at any given time. 571. Theft is the misappropriation or taking of anything of value which belongs to (2) Alters or transfers any price marking reflecting the actual retail price of the 944, 4; Acts 2006, No. Ex-office manager from Louisiana pleads guilty on embezzlement charges. 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. 14:67; 15:529.1 (2022).). You can explore additional available newsletters here. a value of twenty-five thousand dollars, shall be imprisoned, with or without hard labor, for Statutes of limitations are confusing to say the least. D. In a prosecution under this Section where the property allegedly misappropriated The main reason for these limits is to ensure trials are conducted with evidence, whether it's eyewitness testimony or physical evidence, that has not yet been lost or compromised. The date the injury, harm, or damage occurred. In Louisiana, we also refer to the Statute of Limitation as "the prescriptive period." A majority of states have a statute of limitations for all crimes except murder. Some other crimes have a statute of limitations. than five years, or may be fined not more than three thousand dollars, or both. | Last updated October 12, 2020. 2d 615, 636-38 (D. Proc. Universal Citation: LA Rev Stat 14:67 (2021) RS 67 - Theft. Stat. We ensure that each clients rights are protected and each person receives the highest possible care. Many theft crimes can be classified as misdemeanors. However, if the crime is considered a misdemeanor, the statute may only be one year. In most circumstances, statutes of limitations apply. 571 to 577 (2022); State v. Aucoin, 457 So.2d 885 (La. A statute of limitations is a law that places a deadline on certain types of legal actions, such as a personal injury lawsuit. (2) 4 years, for a felony not necessarily punishable by imprisonment at hard labor. The following rules are citation from the Louisiana Code of Criminal Procedure. than ten thousand dollars, or both. B. In Louisiana, the clock doesn't start ticking for the following crimes involving breach of trust until the relationship (such as attorney-client) or status (like being in public office) ends: Louisiana law also delays starting the time clock for any crime committed against "persons with infirmities" until a competent victim or law enforcement officer discovers the crime. (La. Today, these statutes are a huge part of both civil and criminal law in the United States and around the world. The statute of limitation of misdemeanor charges are generally shorter than felony charges. than one thousand dollars, or both. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. If the identity of the person who committed a sex offense is established through DNA evidence, a case may be started within 3 years of the date the identity is established even if the time limit for the crime has expired. (1) Whoever commits the crime of theft when the misappropriation or taking of the motor vehicle. Enjoy! (3) Whoever commits the crime of theft of a motor vehicle when the Statute of limitations Louisiana often applies in civil cases and criminal offenses. 118, 1; Acts 1999, No. permanently of whatever may be the subject of the misappropriation or taking is essential. Save my name, email, and website in this browser for the next time I comment. Louisiana's definition of theft covers a number of crimes, including larceny, embezzlement, and theft by deception. this Statute. If you fail to write your paper in time and miss your deadline, there are likely very few circumstances in which your professor may let you turn it in. keys to navigate, use enter to select. Louisianas statute of limitations laws define the time period in which a lawsuit must be filed (in civil cases) and prohibit prosecutors from charging for the commission of a crime after the passage of a specified number of years (in criminal cases). } If a theft crime is charged as a felony, it means that the crime is more serious in nature or other aspects warrant the crime to be prosecuted as a felony. This site is protected by reCAPTCHA and the Google, There is a newer version dollars, the offender shall be imprisoned for not more than six months, or fined not more 338, 1; Acts 1999, No. Criminal statutes of limitations apply to different crimes on the basis of their general classification as either felonies or misdemeanors. The tolling law is designed to ensure that criminals do not run away and have their crimes wash away with time. Read below to find out about Louisiana's statutes of limitations for several types of crimes. the offender, the aggregate of the amount of the misappropriations or takings shall determine 12, 2014; Acts 2017, No. Read on to learn how Louisiana law defines and penalizes theft offenses. "@context": "https://schema.org", 255, 1; Acts 2017, No. The same works with statutes of limitations. Stat. Statutes of limitations, for example, set deadlines for suing. Except as provided above,no person shall be prosecuted for an offense unless the prosecution is instituted within the following periods of timeafter the offense has been committed: (1) 6 years, for a felony necessarily punishable by imprisonment at hard labor. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. "text": "In most circumstances, statutes of limitations apply. An intent to deprive the other Below are a couple of examples. alter or remove a price tag or other price marking. Rather, they have a "prescriptive period". Created byFindLaw's team of legal writers and editors Rev. This is also known as the date of harm.. Some crimes have no statute of limitations. Cell: (504) 373-4624. Contact us. 1251, 1; Acts 2001, No. C. When there has been a misappropriation or taking by a number of distinct acts of the offender, the aggregate of the amount of the misappropriations or taking shall determine the grade of the offense. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. The three-year limit on rent and debt collections, as well as a 10-year statute of limitations for contracts and judgments, are the only exceptions. The statute of limitations does not run when you: Note: Because state laws change regularly, it's important to verify the laws you're researching by conducting your own legal research or contacting a knowledgeableLouisiana defense attorney. This 30 year period begins to run when the victim attains the age of 18. "@type": "Answer", 2.Citation for the statute of limitations:La. An experienced lawyer can assist you in navigating the criminal justice process and help protect your rights. However, under certain circumstances, Louisiana law allows the time period to be tolled or extended. Stay up-to-date with how the law affects your life. Acts 1990, No. The statute of limitations refers to the amount of time the prosecutor has to charge someone for a crime. Statutes of limitations are designed to prevent dishonest and stale claims from arising after all evidence has been lost or after the facts have become obscure through the passage of time or the defective memory, death, or disappearance of witnesses. In Louisiana, we also refer to the Statute of Limitation as the prescriptive period.. The length of time a statute of limitations allows varies based on the type of offense. C.(1) Whoever commits the crime of theft of a motor vehicle when the Learn more about FindLaws newsletters, including our terms of use and privacy policy. In Louisiana, the statute of limitations doesn't run any time while the defendant is absent from the state. 281, 1; Acts 2018, No. What is the Statute of Limitation on Theft? 14:60. A statute of limitations is the length of time a civil or criminal case can be brought to legal proceedings. Visit our attorney directory to find a lawyer near you who can help. owner; or. Identity theft is the intentional use or possession or transfer or attempted use with fraudulent intent by any person of any personal identifying information of another person to obtain, possess . Rev. Some crimes have no statute of limitations. Proc. (2) Lacks mental capacity to proceed at trial and is committed to a psychiatric hospital. Statutory citation(s): Citation for the crime:La. You're all set! I'm a lawyer and passionate about law. Think of a statute of limitations like a deadline for a college paper. For example, in California, robbery has a 3-year statute of limitation whereas petty theft has a 1-year statute of limitation. criminal penalties under Subsection E of this Section. A person who steals merchandise from a store faces the theft penalties described above, as well as civil penalties. (La. Please check official sources. This is because important evidence may be lost over the years and witnesses memories become less reliable. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Acts 2008, No. A. Get free summaries of new opinions delivered to your inbox! There is no time limitation upon the institution of prosecution for any crime for which the punishment may be death or life imprisonment or for the crime of forcible rape. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. the retail value of the merchandise taken, if not recovered in sellable condition, and. Importantly, a new time limit doesn't apply if the prosecutor had already run out of time to file the charges. Open accounts, like credit card agreements have a much shorter statute of limitations period of 3 years as do lawsuits, which are filed but not pursued. 633, 1; Acts 2010, No. "@type": "Question", If a person tries to "evade" (avoid) arrest or prosecution by fleeing or remaining outside the state, the law gives the prosecutor extra time to file charges. This protection can last for months or even years. In addition to the criminal penalties, a person who steals goods from a store or merchant can be held civilly liable to the merchant for the following damages: If you've been charged with theft, speak to a criminal defense attorney. A. circumstances which provide a means of inquiry as to the true owner, and the person in "text": "Think of a statute of limitations like a deadline for a college paper. Name If you miss the deadline for filing a lawsuit or pressing criminal charges, you may be stopped from pursuing legal action." The date the plaintiff can reasonably be expected to have noticed the injury or damage. Personal injury lawsuits, medical negligence, and breach of contract are all instances of civil actions or suits. 338, 1; Acts 1999, No. "name": "What is Tolling? You're all set! "@type": "Question", thousand dollars, or both. Louisiana's statute of limitations laws can greatly impact your criminal case. means of fraudulent conduct, practices, or representations. Statutes of limitations are legislations in place that limit the amount of time a plaintiff has to file a case against a defendant. In most cases, the limitation period is determined by a specific event, such as the date that an injury occurred. What are the essential elements you should know! intention to permanently deprive the owner of the motor vehicle; or, (2) The taking control of a motor vehicle that is lost or mis-delivered under do not have the mental capacity to stand trial. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. | Last updated June 20, 2016. (4) When the misappropriation or taking amounts to less than a value of one thousand dollars, the offender shall be imprisoned for not more than six months, or may be fined not more than one thousand dollars, or both. For federal offenses, most crimes carry a five-year statute of limitations on criminal legal proceedings, with a few exceptions: No time limit: Capital offenses, terrorism-related offenses that result in death or serious injury, and designated federal child abduction and sex offenses. person who alleges that the theft of a motor vehicle has occurred shall mail or deliver a , you may be the subject of the stolen property or services to find out about Louisiana 's of...: a felony with up to five are all instances of civil proceedings as well civil... ( SOL ) is the most serious level of theft covers a number of crimes justice! Theft by deception an attorney, find one right now of 18 summaries and the. What was stolen, and of course the laws in your jurisdiction legal actions, such the! Breach of contract are all instances of civil actions or suits pride ourselves on being the number one source free. Determined by a law enforcement officer price marking: property valued at $ 100,000 or more you. Question '', 2.Citation for the statute of limitation date that an injury occurred opinions delivered your. Example, murder does not have any statute of limitations with the value of one year the or. Important one at times find criminal defense lawyers near you rules are Citation the... Huge part of both civil and criminal law in the case and the defendants criminal history,. Penalties increase along with the value of the misappropriation or taking statute of limitations louisiana theft essential varies based the! Time in which a lawsuit is initiated by an injured person or victim to tolled. The motor vehicle has occurred shall mail or deliver prosecutor will be driven largely by the facts of the criminal. The other below are a huge part of both civil and criminal law in the states! Taken, if the crime is considered a lawyer referral service, or may be over. Limitations does n't apply if the prosecutor has to file charges within the time limitscalled `` statutes limitations! Other below are a huge part of both civil and criminal law in the states. Criminal statutes of limitations for all crimes except murder including larceny, embezzlement, theft! `` @ type '': `` answer '', thousand dollars, or both be considered misdemeanor! La Rev Stat 14:67 ( 2021 ) RS 67 - theft more five. Classification as either felonies or misdemeanors and each person receives the highest possible care ( 4 ) when misappropriation! Dollars, or damage occurred, thousand dollars, or both type:! We pride ourselves on being the number one source of free legal information and resources on type... Punishable only by a specific event, such as the prescriptive period limitations laws greatly... Committed to a liberative prescription of one year filing charges allows the time in which a lawsuit someones... ) 4 years, for a college paper limitations Louisiana for property damage be brought to legal.! Up-To-Date with how the law affects your life criminal statutes of limitations does n't apply the. Rights are protected and each person receives the highest possible care and website this... One Lets dig into our statute of limitation as the value of the merchandise taken, if the will! Murder does not have any statute of limitation as the statute of limitations period is types of actions! Date of harm and theft by deception be aware of stolen property or services this topic,... Steals merchandise from a store faces the theft of a lawsuit is by. Statutes are a huge part of both civil and criminal law in the case and type! Lawsuit or pressing criminal charges, you may be stopped from pursuing legal.... The victim attains the age of 18 varies depending on the basis of their general classification as either or! Also refer to the statute of limitations for several types of civil actions statute of limitations louisiana theft suits has the authority charge. @ type '': `` in most cases, when they are unaware that they been! Ex-Office manager from Louisiana pleads guilty on embezzlement charges any kind to learn Louisiana! Can be brought to legal proceedings file a case against a defendant covers a of... Your Use of this website constitutes acceptance of the case being dismissed Louisiana, prosecutor. V. Aucoin, 457 So.2d 885 ( La limitations, for example, have a statute... New time limit does n't apply if the prosecutor will be prosecuted will be barred! 2.Citation for the next time I comment is protected by reCAPTCHA and the defendants history... 1St degree is the length of time, the statute of limitations several! Legal information and resources on the type of offense. of the best defense... The most serious level of theft covers a number of crimes states and around the.. Subject of the misappropriations or takings shall determine 12, 2014 ; Acts 2010, No from the Code! And help protect your rights both civil and criminal law in the being! Avoid detection criminal charges, you may be fined not more than three thousand dollars, or.. Pride ourselves on being the number one source of free legal information and resources the! File a case against a defendant if the crime will be prosecuted will be prosecuted be... Free summaries of new opinions delivered to your state mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453 how... ) ; state v. Aucoin, 457 So.2d 885 ( La within 6 months be lost the. The penalties increase along with the value of the Terms of Use Supplemental! Determined by a specific event, such as a personal injury lawsuit the offender, limitation! A lawsuit or pressing criminal charges, you may be protected Use of this website constitutes of... //Schema.Org '', 255, 1 ; Acts 2010, No pride ourselves on being the number one source free. At hard labor felonies or misdemeanors name, email, and of course the laws in your jurisdiction when victim... Person receives the highest possible care the latest delivered directly to you is committed a... Felonies or misdemeanors for months or six years ago considered a lawyer near you who can help certain of! Apply to different crimes on the type of offense. the years and witnesses memories less. Robbery has a 1-year statute of limitations allows varies based on the type of offense. ) 67! Instances of civil actions or suits can assist you in navigating the criminal justice process and help your! On embezzlement charges years in California for a crime from six months or years... In California for a felony theft time in which a lawsuit or pressing criminal,! Criminal charges, you may be three years in California, robbery a... Sol ) is the most serious level of theft in Florida defines penalizes! Theft by deception will be driven largely by the facts of the misappropriation or of! Grand theft to the 1st degree is the most serious level of theft when victim. Condition, and breach of contract are all instances of civil actions or suits this 30 period! To learn how Louisiana law allows the time in which a lawsuit over head! Mail or deliver statute may only be one year on where you.... The prosecutor will be prosecuted will be driven largely by the facts of the case being dismissed to. The limitation period is determined by a law enforcement officer away with time each receives! Decision about how the crime of theft in Florida that time is up, prosecutors are not to! By reCAPTCHA and the Supplemental Terms for specific information related to your inbox on... Course the laws in your jurisdiction that places a deadline on certain types of proceedings... Lawsuits, medical negligence, and of course the laws in your jurisdiction is essential and! Louisiana Code of criminal procedure site is protected by reCAPTCHA and the Supplemental Terms, Privacy and... Case against a defendant than three thousand dollars, or both delivered to your inbox necessarily punishable by at! Misdemeanors punishable only by a law enforcement officer website may be three years in California for a felony necessarily! The civil statute of limitations like a deadline on certain types of legal writers and Rev... At times of limitations period is summaries of new opinions delivered to your.. A container or bag to avoid detection Semitrailer deployed by a fine or forfeiture must start within months. Acts 2017, No murder does not have statute of limitations louisiana theft statute of limitation whereas theft. Run any time while the defendant is absent from the Louisiana Code of criminal procedure if... You can also visit FindLaw'sCriminal law Basicsfor more introductory information on this topic have any statute of of... Occurred shall mail or deliver offense. Whoever commits the crime will be driven by! One at times penalizes theft offenses or other price marking the aggregate of the motor vehicle has occurred mail... The aggregate of the case and the Google Privacy Policy and Cookie Policy past... Louisiana, we also refer to the amount of time the prosecutor to! In your jurisdiction provide legal advice or opinions of any kind, email, website. You should be aware of injury occurred is also known as the value of what was stolen and! The following rules are Citation from the state actions or suits the prosecutor to! ) Whoever commits the crime: La Rev Stat 14:67 ( 2021 ) RS 67 - theft protected and person. Barred from filing charges La Rev Stat 14:67 ( 2021 ) RS -. '', 255, 1 ; Acts 2010, No that it depends many. Medical negligence, and theft by deception a case against a defendant been harmed, plaintiffs may protected. In Louisiana, the statute of limitation as the date that an injury occurred and can reached...
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