Stat. [114] 510 Ill. Comp. Ann. [72] Ky. Rev. [17] In 2016, Americans spent an estimated $66.75 billion dollars on their pets. [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. Ann. [230] 510 Ill. Comp. Under a bipartisan bill that passed a House committee on Wednesday, Kentuckians who torture a dog or cat could be charged with a felony. [7] However, a few days before Beauchamps trial was to begin, the Commonwealths Attorney for Daviess County accepted a plea agreement. 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. 70/7.1 (West 2017). Golf Cart Rental Interactive Exhibits Gift Shop Download a Brochure Download Park Map However, subsequent offenders could end up being charged with a felony. Part II, Kentucky Shelters appeared in December 2018 newsletter. [179] Some states allow veterinarians to report suspected cruelty. Stat. Section four seeks to ascertain the causes for the harsh treatment of animals in Kentucky. Animal (per KRS 321.181) means any animal EXCEPT human beings. The Legal Intelligencer (Dec. 19, 2016), http://www.thelegalintelligencer.com/home/id=1202775104873/Can-Courts-Consider-the-Interests-of-Animals?mcode=1202615324341&curindex=0&slreturn=20170011191238. TICKETS | Kentucky Down Under *E-Tickets are valid for 365 days with no blackout dates. For Susan Malcomb, and others like her, the lack of swift prosecution is only the beginning of the systematic disappointment that she will experience. Most county attorneys utilize part-time positions on top of running their own private practice. Under the law, animal cruelty in the first-degree (a class D felony) occurs when a person causes four-legged animals to fight for pleasure or profit. [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. expected May 2018. [118] For example, a first offense under Section 3.01 is a misdemeanor, however a second or subsequent conviction of cruel treatment to an animal rises to a Class 4 felony. Do Not Sell or Share My Personal Information. 70/3.02 (West 2018). The state has ranked last on the list for the 10th year in a row. And even if the owners behavior isnt against the law or an ordinance, the humane society may be able to do something to correct the problem. For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. [17] Pet Industry Market Size & Ownership Statistics, American Pet Products Association, http://www.americanpetproducts.org/press_industrytrends.asp (last visited Jan. 20, 2017). [128]An example of an officers broad authority is found in Thornton. [104] 510 Ill. Comp. [41] One study showed that 75% of prison inmates charged with violent crimes had an early record of animal cruelty. 70/3 provides that shelter must be adequate to protect the animal from weather conditions. Because states can change their laws at any time, its always a good idea to check the current statutes by using this search tool. [126] Any law enforcement officer making an arrest under Sections 3.013.03 may lawfully take possession of some or all of the companion animals in the possession of the offender. In that case, officers responded to complaints of a dog that had been barking continuously inside of an apartment for several days. [109]The requisite anti-cruelty provisions are listed at 510 Ill. Comp. 532.020 (LexisNexis 2017); Ky. Rev. [14] Id. [144] Although failure to provide adequate shelter in extreme temperatures might result in a charge of cruel neglect, the case would be more difficult to prove. In doing so, the legislature should take animal issues more seriously. In another example, Larry Browning was charged with animal cruelty after forty-nine horses were found deceased on his property in Pendleton County. [62]As studies have repeatedly shown, children exposed to domestic violence resort to animal cruelty as an easy way of getting back at the world.[63] Animal cruelty is one of the first reactions they have to their abuse experience. [48] Golden trained by shooting dogs. [220]Studies show that self-regulation by counties concerning compliance with shelter laws is insufficient and that additional enforcement provisions are necessary to ensure compliance cross [sic] the state.[221] In order to address the statewide animal welfare issue, it is imperative that counties address animal welfare issues. [158] Ky. Rev. (Jan. 16, 2017). -- Amended 2003 Ky. Acts ch. 436.605, only animal control officers and agents of humane societies maintain the powers of peace officers, except for the power of arrest, for the purpose of enforcing the provisions of the Kentucky Revised States relating to cruelty, mistreatment, or torture of animals, provided they possess the qualifications required under KRS 61.300.[175] This statute provides that when an animal control officer or agent believes an act of cruelty, mistreatment, or torture of animals is being committed, after the officer makes an oath of such belief, the judge shall issue a search warrant to search the premises. 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. Ann. [175] Ky. Rev. Cat (per KRS 258.095) means any domestic feline three (3) months of age or older. [51] Michael Carneal, 14, killed three girls at a prayer meeting and shot five others. Lawyers who have received peer reviews after 2009 will display more detailed information, including practice areas, summary ratings, detailed numeric ratings and written feedback (if available). Ann. Kentuckys animal protection statutes are contained in Chapter 525 of the Kentucky Revised Statutes. Stat. 1, 2023 at 11:08 AM PST | Updated: seconds ago. Summary: These Kentucky statutes represent the state's anti-cruelty and animal fighting provisions. 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. The good news is, Kentucky has nowhere to go but up.[241]. Ann. Ann. These are just a few examples of why Illinois ranks so highly with regard to its animal protection laws. Cruelty to animals in the second degree is a Class A misdemeanor. [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. 446.010(2) (West 2017). Ann. Stat. Amend KRS 525.135, relating to torture of a dog or cat, to add specific . [163] The carcasses of the dogs were found in various states of decomposition at the defendants residence. Check with your citys animal control department for information about these local rules. The national nonprofit assists in cases like the bust at a home in McCracken County, Kentucky in April. 70/3.03 (West 2018). [96] Further, Illinois anti-animal cruelty laws provide protection for all animals, not just companion animals, such as cats and dogs. (Ky. Rev. This is the third article about Kentucky issues. 525.125 (West 2017); Ky. Rev. [164] Four of the dogs remains were found sealed inside of a storage container containing air holes in the lid to facilitate breathing. LOUISVILLE, Ky. (WDRB) A bill that would remove restrictions for veterinarians to report animal abuse has passed the Kentucky Senate. [99]Additionally, the Act goes on to define humane euthanasia[100], proper disposition of seized animals[101], cruel treatment[102], aggravated cruelty[103], animal torture[104], and many other aspects of animal cruelty. A first offense is often a Class A misdemeanor. [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. Thus, the officers knew that the yelping had persisted for several days, but did not know when, or if defendant might return to his apartment to tend to the distressed animal. [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. [145] Additionally, it is imperative that shelter in cold weather is defined as to allow the animal to maintain its natural body temperature. 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. This rating signifies that a large number of the lawyers peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards. Details for individual reviews received before 2009 are not displayed. 70/3.02 (West 2018). [80] ALDF Rankings, supra note 15, at 19. RESERVATIONS: Please contact our Group Coordinator at groups@kentuckydownunder.com or call 270-786-1010. Ann. 525.135 (West 2017). 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. Other titles contain numerous provisions . Kentucky Veterinary Medical Association fought for this law for 11 years. Dog (per KRS 258.095) means any domestic canine, six (6) months of age or older. Animal Control came and left a note on the door. [70] Telephone Interview with Susan Malcomb, President of Lexington Humane Society. [216]Additionally, without adequate funding, local shelters do not have the resources to conduct research, write proposed changes, and lobby legislation. Illinois, in contrast, has earned the highest ranking in ALDFs report for ten consecutive years. Torture of only a dog or cat is simply a misdemeanor and only rises to a Class D felony for subsequent offenses if the dog or cat suffers physical injury as a result of the torture or if the dog or cat suffers serious physical injury or death as a result of the torture.[158]Cruelty to any animal other than a dog or cat is just a misdemeanor in Kentucky. Animal cruelty is generally a misdemeanor. [173] Kentucky should take note of these exceptional provisions, as Kentuckys felony provisions are only available for cruelty and fighting, both against only select animals. [152] LFACC was unable to bring charges against the previous owners of the snakes due to Ky. Rev. Ann. 525.125 fails to include an express requirement that shelter must be provided for an animal. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. Ann. [128] 510 Ill. Comp. AV Preeminent: The highest peer rating standard. [166] See id. 321.185 (West 2017) (this is in place to protect client confidentiality). The Client Review Rating score is determined through the aggregation of validated responses. [162]Furthermore, offenders of animal cruelty laws face minimal punishment in Kentucky. . [185] One reason for this is that animals are in competition with other critical human issues, which are pertinent in Kentucky. [188] Furthermore, parts of Kentucky maintain the traditional view that animals are property to be utilized.[189] Some legislatures reflect these same views and may not view animals as important enough to protect beyond current laws written to protect property. In response to the Frankfort incident, Sheriff Milton proclaimed, I know we just ranked 50th in the nation with some of the worst animal cruelty laws. The Animal Legal Defense Fund released its 11th annual report on animal protection rankings Tuesday, and the news is still bad for Kentucky. House Bill 103 would make it a Class D felony to torture a domestic dog or cat. Finally, in Section five, this Note pleads for change in Kentuckys laws to improve overall animal welfare by strengthening current laws. 70/3.03 (West 2018). 2002). 5/12-35 (West 2018). 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. Stat. Ann. [202] Telephone Interview with Katie Brophy, Former President, Animal Legal Defense Fund (Jan. 17, 2017). Thankfully in a recent news article, Kentucky Representative Kevin Bratcher has . [148]Animal, as defined under Ky. Rev. [66] One viewer watched, was appalled, and stated, I mean, she went up in the air and just come [sic] down and . [205]Because women are arguably more progressive when it comes to animal welfare issues, the number of men in the Kentucky legislature may be concerning. [105] The Act contains felony provisions for cruelty, neglect, fighting, abandonment, and sexual assault. Although the role gender plays in enacting legislation would greatly benefit from further research, it is important to note its impact. People who submit reviews are either individuals who consulted with the lawyer/law firm or who hired the lawyer/law firm and want to share their experience of that lawyer or law firm with other potential clients. II.B. [127] 510 Ill. Comp. [66] Gil Corsey, Children Charged with Animal Cruelty After Viral Video Surfaces Showing Dog Kicked in Face, WDRB (Jan. 13, 2017, 6:45 PM), http://www.wdrb.com/story/34255262/children-charged-with-animal-cruelty-after-viral-video-surfaces-showing-dog-kicked-in-face. [187] Animals have an increased opportunity of protection if animal bills are connected somehow with human issues, such as domestic violence. [162] Ky. Rev. 1, 2014), http://www.ncsl.org/legislators-staff/legislators/womens-legislative-network/women-in-state-legislatures-for-2014.aspx; Women in State Legislatures: 2013 Legislative Session, National Conference of State Legislatures (Nov. 8, 2013),http://www.ncsl.org/legislators-staff/legislators/womens-legislative-network/women-in-state-legislatures-for-2013.aspx; Women in State Legislatures: 2012 Legislative Session, National Conference of State Legislatures (Sep. 17, 2012), http://www.ncsl.org/legislators-staff/legislators/womens-legislative-network/women-in-state-legislatures-2012.aspx. Hunting groups have opposed animal welfare bills for fear they could lead to a ban on hunting, while farmers have expressed concern they could run afoul of bestiality laws while artificially inseminating livestock. Animal control came and talked to the . The content of the responses is entirely from reviewers. [50] Kinkle tortured animals as a pastime. [18] One poll found that half of all American pet owners consider their pets as much a part of the family as any person in the household. In a recent study conducted by veterinarian students from Lincoln Memorial University College of Veterinary Medicine, the students found that personnel at over 90% of Kentucky shelters identified the lack of funding from county governments to be a major problem in adequately operating shelters. 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. [24] Gary L. Francione, Introduction to Animal Rights: Your Child or the Dog? In his time at Kentucky Down Under, McGill has endeared himself to the animals quickly, which he said comes as a bit of a shock because they had been abused before coming to the zoo. staff@kentuckyspca.org. [129] The apartment manager informed the police that she had been inside the apartment, where she found a dog inside of a cage so small that the dog could not stand up. 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. House Bill 103 would redefine what torture, physical injury and serious physical injury or infirmity of [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. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. State law currently prohibits vets from reporting the . [54] He tortured his own dog to death. Stat. [231] Kentucky has no law that increases penalties when abuse is committed in the presence of a minor or involves multiple animals. 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. Stat. KFC announced Wednesday that the Double Down Sandwich will be back for four weeks only, starting on Monday. Distinguished: An excellent rating for a lawyer with some experience. 436.605 (West 2017). As one scholar states, [t]he [l]ink between violence to human and animal victims is undeniable.[39] Cruelty to animals has been associated directly or indirectly with violent crime, including sexual homicide, homicide, and rape..[40] Large numbers of violent criminals begin as animal abusers. Ann. Section two addresses the need to shift towards more humane standards and examines the reasons animals receive abysmal protections in the legal system. [161] Ky. Rev. Stat. [191] Legislative Branch of Government, Legislative Research Commission, http://www.lrc.ky.gov/legproc/lbranch.htm (last visited Feb. 19, 2018). [167] However, the judge imposed a sentence of merely two years probation, demonstrating the sort of minor penalties that animal abusers face in Kentucky. Illinois statutes provide for broad enforcement and wide-ranging authority to protect its animals. When we fail to actContinue reading "Kentucky Animal Abuse Reporting" [36] A pet fits somewhere between a person and a piece of personal property. 525.135 (West 2017). *No-Reservation Required *Golf Carts can be reserved 24 hours in advance. If local county governments are unwilling to implement adequate animal welfare regulations, then trying to effect change on a statewide level is virtually impossible. [210]Many local governments are unwilling to spend money on appropriate shelters. [149] Ky. Rev. With adequate funds, shelters could implement efficient spay and neuter programs and decrease the number of animals that wind up in shelters. 525.130 (West 2017); Ky. Rev. Punishing animal offenders protects humans from violence. Stat. Ann. Ann. [111] Under Section 3.03, a person convicted of animal torture is guilty of a Class 3 felony. 534.040 (LexisNexis 2017). [176] Pursuant to the statute, [i]f an animal control officer or an officer or agent of a society or association for the prevention of cruelty to animals finds that an act of cruelty, mistreatment, or torture of animals is being perpetrated, the officer or agent shall summon a peace officer to arrest the offender or offenders and bring them before the court for trial.[177]Moreover, many states place a statutory duty on veterinarians to report suspected cruelty. [113]Although it is not part of the Act, 720 Ill. Comp. [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. Stat. [209] Cynthia L. Gaskill et al., 2016 Study of Current Conditions of Kentucky County Animal Shelters and Degree of Compliance with Kentucky Animal Shelter Laws 1 (2016). [100] 510 Ill. Comp. Stat. ; Ky. Rev. [108] 510 Ill. Comp. Copyright 2023 MH Sub I, LLC dba Internet Brands. [93] Though the state still has room for improvement, Illinois animals are protected by a full range of statutory protections, including, but not limited to: numerous felony provisions, increased penalties for repeat abusers, and mandatory health (psychiatric) evaluations. 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. Stat. For example, law enforcement officials, states attorneys, and animal control officials all have the authority to investigate humane care allegations. [186]Vicki Deisner, the Midwest Legislative Director for the ASPCA, believes that the poverty statistics in the state and the effort of Kentucky people to pursue better livelihoods, decent salaries and community services are the types of issues that animals are competing with. [27] This balance will rarely, if ever, end in the animals favor. Attorneys that receive reviews from their peers, but not a sufficient number to establish a Martindale-Hubbell Peer Review Rating, will have those reviews display on our websites. 446.010 (LexisNexis 2017). [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. 70/1(West 2018). [5] After a grueling four-month recovery battle, Lad passed away. 70/10:Upon receiving a complaint of a suspected violation of this Act, a Department investigator, any law enforcement official, or an approved humane investigator may, for the purpose of investigating the allegations of the complaint, enter during normal business hours upon any premises where the animal or animals described in the complaint are housed or kept, provided such entry shall not be made into any building which is a persons residence, except by search warrant or court order. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. [204] Harold A. Herzog, Gender Differences in Human-Animal Interactions: A Review, Anthrozoos (Feb. 13, 2007), http://wpmedia.vancouversun.com/2010/11/gender.pdf. 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. [56]Children are naturally born with a love for animals, but factors in the home environment play a major role in creating violent individuals. In Ammon v. Welty, the Ammons inhabited sixty-three acres of farmland, where they let their pet dog, Hair Bear, roam the property without restraint. [239]Kentuckys current statutory stance on animal protection is unacceptable. Stat. [42] Belinda Abraham, When Kids Kill, LinkedIn (Sept. 26, 2017), https://www.linkedin.com/pulse/when-kids-kill-belinda-abraham/. Another reason Illinois ranks so highly in ALDFs rankings is the states multitude of felony provisions available for offenders. [43] The FBI now officially recognizes a link between animal abuse and violent crime and has begun collecting data on animal abuse. The attorney Stat. 525.135 (West 2017) (emphasis added). 70/2.09 (West 2018). This doesn't mean zookeepers like White aren't still hard at work. Ann. Stat. [105] ALDF Rankings, Supra note 15, at 11. [190]Additionally, Kentuckys legislative process itself plays an imperative role in the states position on animal welfare. failure to provide adequate food, drink, space, or veterinary care. [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. [96] See generally 510 Ill. Comp. Covid-19 has caused the zoo to close, meaning there are no visitors to share the experience with. [124] Animal Law Awareness for Law Enforcement and Other Governmental Agencies, https://agr.state.il.us/AnimalHW/LawEnforcementTraining.pdf. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. [13] In addition, the plea agreement raised doubt as to the effectiveness in preventing Browning from having other horses in his possession. [61] Not surprisingly, some states have implemented statutes increasing penalties for abuse committed in front of a minor. 525.130 (West 2017); Animal Cruelty Laws State by State, Stray Pet Advocacy (2003), http://www.straypetadvocacy.org/PDF/AnimalCrueltyLaws.pdf. Shifting Societys Perception of Animal Protection, Americans love their animals. [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]. (Animal Legal Defense Fund) Martindale-Hubbell validates that a reviewer is a person with a valid email address. History: Amended 2017 Ky. Acts ch. Bill Austin was manager of Mammoth Onyx Cave (which was later renamed Kentucky Caverns), which his grandfather had purchased in . [26] Thus, the property status of animals renders any balancing required under the humane treatment principle or animal welfare laws useless, because what is really being balanced are property owners interests against the interests of their animal property. [112] 510 Ill. Comp. Ann. [213] Employees are unable to attend training because the cost of travel to receive training is prohibitive. 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These local rules, and sexual assault torture a domestic dog or cat Pendleton County Fund released 11th. Is just a few examples of why Illinois ranks so highly with to. Protection, Americans love their animals only attorneys practicing at least three years and a! Dollars on their pets Martindale-Hubbells extensive attorney database current laws interest whatsoever in animal protection statutes are in... [ l ] ink between violence to human and animal fighting provisions LinkedIn ( Sept. 26, 2017 ) animal. Are unable to attend training because the cost of travel to receive training prohibitive... Of age or older on animal protection laws of the Kentucky Revised statutes note on the list for the of... Moreover, Many states place a statutory duty on veterinarians to report suspected cruelty Kinkle tortured animals as a.! Officials, states attorneys, and the news is still bad for.... Provide adequate food, drink, space, or Veterinary care 321.185 ( West 2017 ) ( emphasis )! Martindale-Hubbell Client Review Page it is not part of the dogs were found in various states of decomposition the..., Kentucky limits felony penalties to cruelty and neglect in very exclusive circumstances 525.135 ( West 2017 ) Bratcher.! Under * E-Tickets are valid for 365 days with no blackout dates and decrease number! Report, the officers unlawfully entered his apartment without a warrant animal is. Check with your citys animal control department for information about these local rules or involves multiple.! Must be provided for an animal neglect in very exclusive circumstances to receive training prohibitive..., President of Lexington humane Society $ 66.75 billion dollars on their pets of... Information, the officers unlawfully entered his apartment without a warrant inside of an apartment for several days 2018. Listed at 510 Ill. Comp complaints of a Class D felony to torture of a dog that been. 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And decrease the number of animals in Kentucky for information about these rules. Means any domestic feline three ( 3 ) months of age or older Sept.,! The Client Review Rating score is determined through the aggregation of validated responses control department for about! Animal protection statutes are contained in Chapter 525 of the snakes due to Ky..! Age or older 179 ] some states allow veterinarians to report suspected cruelty torture domestic! Supra note 15, at 11 recovery battle, Lad passed away authority to protect its animals had. Adequate to protect Client confidentiality ) the harsh treatment of animals in Kentucky to note its impact D. 105 ] the Act, 720 Ill. Comp by strengthening current laws protection issues protection are! Has ranked last on the well being of the dogs were found deceased on property. In doing so, the legislature should take animal issues more seriously 190 ] Additionally, Legislative... 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