First, install a home security system. The offender attempts, threatens or inflicts physical harm onto another person. JONESBOROUGH, Tenn. (WJHL) He's a mean one and a naughty one but the Washington County Sheriff's . Getting the crime lowered to a lesser crime will still result in a punishment but it could say thousands of dollars in fines, see a reduced prison sentence or even no prison sentence at all. (a) Aggravated burglary is burglary, as described in 39-13-1002, of a habitation. Burglary is aggravated if someone is present during the burglary and the offender knew or was reckless as to the fact, or if the offender has a weapon or fake weapon. Aggravated burglary, in which a person burgles a habitable property Especially aggravated burglary in which the burglar burgles a property and also seriously injures the victim. 2022 Cove Smart, LLC All rights reserved. Under Tennessee law, first-time offenders will be able to receive probation on just about any non-violent or drug related offense, including both misdemeanors and felonies. An experienced lawyer can review the unique facts of your situation and advise you on how the law will apply to your case. What makes a aggravated burglary a Class C felony? Youre also going to need to hire an experienced defense attorney who will be able to help you develop that defense. Second degree burglary is a non-violent burglary. 1. Whereas aggravated robbery includes force or an immediate threat of force in order to gain victim compliance. What are possible aggravated burglary punishments? Free Advice is a unit of Quote.com providing millions of consumers with outstanding legal and insurance information and advice for free since 1995. What is the max amount bond for aggravated burglary in Tn. Aggravated Burglary is the offense of Burglary of a habitation. Aggravated assaults are felony crimes in Tennessee. What does aggravated burglary mean in Tennessee? Do I still need a contractor's license if I do landscaping or build fences, but not houses? It's important to understand the difference between theft and burglary. Even if the offender is caught before they actually take anything, it is still considered burglary, or attempted burglary, depending on the state. The homeowners were able to quickly take control of the situation, and no one was hurt, even though the homeowners were shaking after the encounter with the burglar. Police have arrested a boy after an aggravated burglary in Yarraville overnight. Additionally, it is aggravated burglary when . Kankakee police arrested Coleman H. Davis Jr., 44, of Kankakee, for charges of aggravated battery to a peace officer, aggravated battery to a nurse and resisting a peace officer Monday. If the burglar is armed, the sentence will be significantly longer, usually over 25 years in prison. The main defining feature of a third degree burglary is that there is no one present in the building when the person breaks and enters. Contact us. Aggravated burglary (also called home invasion) is a Class C felony. Aggravated burglary is a felony of the first degree, the most serious penalty for property crimes in Ohio. A victim is a person who is lawfully living within the premises Characteristics of a burglary There are two main characteristics of a burglary. Like aggravated burglary, first degree burglary is considered a felony. Aggravated burglary carries the worst punishments however. This level of felony subjects the offender to one to six years of incarceration and a $3,000 fine. If a burglar makes it past all other forms of defense, installing indoor security camera's are a valuable tool to record the crime, providing evidence to identify the criminal in order to throw them behind bars, as well as providing proof for your insurance company so damages and losses can be covered. Rather than focusing on the after effects of a burglary, like getting an attorney and defense lawyer, focus on what you can do to prevent the burglary from happening in the first place. Burglary constitutes a Class D felony when a defendant unlawfully enters or remains in a public or private building (but not a habitation) with the intent to commit a felony, theft, or assault. aggravated assault is a more serious crime and is generally a felony. We update our site regularly, and all content is reviewed by experts. Aggravated burglary is prosecuted separately from any other type of burglary because it involves harm to another person. A misdemeanor is an offense, which if committed by an adult, is punishable by a fine or a sentence not to exceed 11 months and 29 days. What is the minimum sentence for aggravated robbery in Tennessee? Especially Aggravated . A habitation includes any structure designed or adapted for overnight dwelling, a self-propelled vehicle that is actually occupied at the time of the defendant's entry (like a motor home), and each separately secured or occupied portion of the structure or vehicle. In some jurisdictions, aggravated robbery charges can incur sentences up to twenty-five years. BLOOMINGTON Battery charges have been filed against a Bloomington man. A home invasion with any other type of intent is a first-degree felony. The penalties then increase to a maximum fine of $10,000 and a standard prison sentence of 3-6 years. Lessers do not include: Reckless Aggravated Assault - State v. Dwaniko Martez Sudberry, No. Restitution is simply payment or compensating the victim for the financial loss of the crime. Trespassing is not an easy crime to get away with. This website uses cookies to improve your experience while you navigate through the website. Enters a freight, passenger car, trailer, car, boat, airplane, or any other type of motor vehicle with the intent to commit, commits, or attempts to commit a felony, theft or assault. Aggravated assault involving failing to protect a child or protected adult from an aggravated assault or child abuse also is a Class C felony. Aggravated burglary is the entering of habitation, someone's home, someone's condo, someone's apartment and with the intent to commit a felony. Aggravated assault in Tennessee involving intentional or knowing acts is a Class C felony. (Tenn. Code 39-14-401 to -404; 40-35-111 (2020).). Instead, merely entering without consent qualifies as trespass. Written by The punishment for aggravated burglary is far worse than the punishment for simple burglary. Aggravated arson is a Class A felony, the most serious level of felony charges. It occurs when a defendant unlawfully enters or remains in a habitation with the intent to commit a felony, theft, or assault inside. presented through signage or other postings that make it clear that the property is open to the general public. Visit our attorney directory to find a lawyer near you who can help. (b) Aggravated burglary is a Class C felony. Other stipulations of burglary laws will vary by state. The cookies is used to store the user consent for the cookies in the category "Necessary". You deliberately or recklessly inflict actual bodily harm on another person. 3 What does aggravated burglary mean in TN? Copyright 1995-2023|FreeAdvice.com|15310 Amberly Dr, Suite 250, Tampa, FL 33647|Privacy Policy|Terms & Conditions|CCPA. 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. Although laws may vary from state to state, burglary is always against the law. The cookie is used to store the user consent for the cookies in the category "Performance". While first degree burglary is referred to as residential burglary, second degree burglary is referred to as commercial burglary. And, while first degree burglary often involves the threat of harm, second degree burglary does not. Necessary cookies are absolutely essential for the website to function properly. Aggravated burglary is an indictable offence, which means that it is triable by a judge and jury in the County or Supreme Court. Aggravated burglary is a criminal offence set out in section 10 of the Theft Act 1968. app. Perhaps they got lost. (Tenn. Code 39-14-401 to -403 (2020).). For example, a defendant charged with simple burglary in Louisiana can be sentenced to up to 12-year prison terms with or without hard labor, whereas a defendant charged with aggravated burglary will be sentenced to hard labor not less than a year and up to 30 years. Trespass and burglary differ in that trespass does not require that the defendant enter the property with the intent to commit a crime. In fact, it is the least severe, depending on the burglary classifications in your state. Understanding Aggravated Burglary The primary distinction between burglary and an aggravated burglary is a threat or use of violence. Dec. 1st: Police called to home for burglary of approx $3,000. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Sexual exploitation of minors via electronic means; persons subject to prosecution. A robbery accomplished with a deadly weapon or by display of any article used or fashioned to lead the victim to reasonably believe it to be a deadly weapon; or where the victim suffers serious bodily injury. Aggravated robbery is a Class B felony, and the penalties include between eight and 30 years in prison, and . LawServer is for purposes of information only and is no substitute for legal advice. To commit aggravated assault, a person must: knowingly or recklessly cause serious physical injury to another person; knowingly or intentionally attempt to cause physical injury; [] Adjustments made by the Court of Appeal to sentence or conviction as at June 2021 have been incorporated into the data in this Snapshot. Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. It happens when there is an element of violence or the threat therein and it results in a prison term as short as three years but as long as ten years and you may be fined up to $20,000 on top of that. Quotes and offers are not binding, nor a guarantee of coverage. Whats the difference between robbery and aggravated? Class A Misdemeanor: Imprisonment for less than one year and up to $2,500 in fines. The defendant does not need to complete the intended crime (such as theft from the building). All of the states that utilize aggravated burglary charges consider the use or threatened use of a dangerous weapon to be an aggravating circumstance. Third degree burglary is when someone unlawfully forces entry into a fenced area, private property, residential yard, or non-residential structure. featuring summaries of federal and state 591, 1; 1990, ch. Aggravated assault involving reckless acts is a Class D felony. A person guilty of aggravated burglary shall on conviction on indictment be liable to imprisonment for life. 7 What is the minimum sentence for armed robbery? Many states classify breaking into someones property or dwelling as one of two types of burglary: regular burglary, or aggravated burglary. If a person is caught trespassing, depending on the severity of the other crimes they are convicted for, a trespasser can spend days or years in jail. Aggravated robbery is a First Degree Felony (1st Degree). The cookie is used to store the user consent for the cookies in the category "Analytics". By clicking Accept All, you consent to the use of ALL the cookies. Authority figure; sexual battery; penalty. Tennessee Code Section 39-13-102 governs the offense of aggravated assault, which is defined as follows: (a) A person commits aggravated assault who: (1) Intentionally or knowingly commits an assault as defined in 39-13-101 and: (A) Causes serious bodily injury to another; or (B) Uses or displays a deadly weapon; or Complex criminal defense situations usually require a lawyer, Defense attorneys can help protect your rights, A lawyer can seek to reduce or eliminate criminal penalties. intending to commit a felony, theft, or assault inside. Tennessee divides burglary into three categories, with prison terms increasing along with the severity of the crime. The difference between aggravated robbery and armed robbery can become very confusing. An aggravated burglary charge is more serious than a regular burglary, and can carry harsher penalties. Aggravated burglary is a criminal offence in contravention of section 10 of the Theft Act 1968. What is the minimum sentence for armed robbery? For commission of burglary to be deemed aggravated burglary, the offense must have been made upon an occupied structure, while another person is present, in order to commit a criminal offense. In that case, the person has entered the property knowing the risks. aggravated burglary noun [ U ] law UK specialized uk / .r.ve.td b.l r.i / us / .r.ve.td b.l.i / a crime that involves using a weapon or committing another crime while illegally entering a person's house to steal something SMART Vocabulary: related words and phrases Stealing abscond anti-burglar anti-burglary anti-piracy Can aggravated burglary be expunged in Tennessee? Defenses Against Burglary Charges in Tennessee In Montana, Ohio, or Utah, if the victim suffers a bodily injury during a burglary, then the assault will also justify an aggravated burglary charge, and is thus subject to a higher degree of punishment. My current charge is Aggravated Burglary which is Class C Felony. The defendant does not need to complete the intended crime (such as theft from the building). A Class A felony . the defendant gained entry by destroying or altering a gate or other barrier designed to keep trespassers from entering the property. To understand an aggravated burglary charge it is a smart idea to first start with a burglary charge itself. Attempted aggravated assault that involves the display ofor threat to usea gun, knife, or other weapon is included in this crime category because serious personal injury would likely result if the assault were completed. Aggravated burglary. Aggravated burglary is defined at section 10 of the 1968 Act as follows: A person is guilty of aggravated burglary if he commits any burglary and at the time has with him any firearm or imitation firearm, any weapon of offence, or any explosive.. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. What is aggravated burglary? Insurance Lawyer. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. After a lengthy investigation, Detective Bryan McDonald developed Corey Miller and Brook Harris as suspects as a result of ongoing surveillance. A police officer was easily able to take the man and hold him against trespass laws. Which states have motorcycle helmet laws? Aggravated kidnapping is a Class B felony. When someone enters a home, or any building designed to house people overnight (such as a hotel or motel), it is aggravated burglary and is a Class C felony. To be convicted of burglary, the defendant must have decided to commit a felony, theft, or assault, and then entered the building (or stayed beyond the permitted time) for that purpose. A felony is one of the highest crimes and can severely affect a persons life long term. A thief walks into an area they already have access to, and takes something without paying. All legal content, insurance rates, products, and services are presented without warranty and guarantee. A person can also commit a crime by possessing any tool designed or commonly used for burglary with the intent to use the tool for that purpose or to allow someone else to use it for a burglary. If you have been wrongfully accused of trespassing, contact your lawyer and build a trusting attorney-client relationship. Burglars look for easy targets. A home security system can do wonders for your home security. These cookies ensure basic functionalities and security features of the website, anonymously. Second, defendants convicted of burglary with intent to commit a sexual assault can alsobe required to register as a sex offender. These cookies ensure basic functionalities and security features of the website, anonymously. A person can enter with their entire body or use of a drone. Rape of a child. Robbery: Intentional theft of property from another . Snapshot 262: Aggravated Burglary Introduction. A person can burglarize a building, structure, or habitation. It is classified as a criminal offense because the offender not only forces their way into a home, but they also cause another person physical harm. Elements. Aggravated Robbery (Meaning, Charge, & Classification). An aggravated burglary charge cannot be taken lightly. If you are facing criminal action, understanding how a regular burglary charge can become an aggravated burglary charge is a valuable tool in developing a strategy for how to handle your case, especially when the evidence of the underlying burglary is very strong. burglarizes a habitation However, the jail sentence imposed for a Class A felony conviction could mean as many as 60 years in prison on top of a $50,000 fine that may be imposed at the courts discretion. In searching, he and others arrived at his grandmother's home in Mt. The chart below is just that as it explains robbery laws in Tennessee in everyday language, rather than legal jargon. Created byFindLaw's team of legal writers and editors But as bad as burglary is, it isnt the worst charge. The special factors . Remember that, as long as youre innocent, the law is on your side. For example, most defendants who are sentenced for aggravated charges are treated differently under parole laws. A person can be found guilty of aggravated burglary if they commit burglary with an offensive weapon in their possession. Keep reading to find out. 6 What class felony is aggravated robbery in Tennessee? Because the land had trespassing signs, the criminal trespassing charges were easy to enforce and the trespasser had to deal with trespass charges. Burglary usually takes the form of someone breaking and entering a home without permission and stealing (or attempting to steal) something inside. What is aggravated burglary? Aggravated burglary is burglary committed with an aggravating element. The Washington State Legislature defines first degree burglary as, burglary with intent to commit a crime against a person or property therein, he or she enters or remains unlawfully in a building and if, in entering or while in the building or in immediate flight therefrom, the actor or another participant in the crime (a) is armed with a deadly weapon, or (b) assaults any person. First class burglary is a class A felony. Rather, proof of entry and circumstances tending to show the defendants intent to commit a crime (such as carrying a weapon) are the only requirements for a conviction. Aggravated burglary is a serious and often terrifying offence, which can carry a maximum sentence of life imprisonment. And while the best source of information is the actual statute, it usually takes time to understand since laws are written in "legalese." What class felony is aggravated robbery in Tennessee? When it comes to the law, the offenders intent is whats most important. For the purposes of burglary, "entering" can occur when any part of the body, an object in physical contact with body, or an object controlled by a remote control enters. Is aggravated burglary a violent crime in Tennessee? [Acts 1989, ch. (Tenn. Code 39-14-401 to -403 (2020).). Especially aggravated robbery is a Class A felony, the most severe form of crime in the state. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. Aggravated burglary is not a charge that you will find in every state. In Tennessee, aggravated burglary occurs when an individual burglarizes a habitation. Burglary is committed when a person tresspasses a building with the intention to steal or assault a person. Home invasion is a specific kind of burglary that occurs within a dwelling and is discussed more below. To start, a basic burglary charge is a Class D felony and means that you allegedly entered a premiseswhether it be a home, place of business, vehicle or . Tennessee may have more current or accurate information. Especially aggravated burglary constitutes a Class B felony. The burglar was unsuccessful and was unable to enter the home and steal. It occurs when a defendant unlawfully enters or remains in a habitation with the intent to commit a felony, theft, or assault inside. When someone enters a home, or any building designed to house people overnight (such as a hotel or motel), it is aggravated burglary and is a Class C felony. What is Burglary in Tennessee? Is ampicillin good for respiratory infection? Class D Felony: Imprisonment for two to twelve years and up to $5K in fines. The crime of Especially Aggravated Burglary is a Class B Felony and may result in some or all of the following consequences: A sentence of 8 to 30 years in prison (although extremely difficult to obtain, probation for a portion of the sentence, or the entire sentence may be allowed in appropriate circumstances); Aggravated burglary is a serious and often terrifying offence, which can carry a maximum sentence of life imprisonment. Section 39-13-1002 - Burglary Section 39-13-1004 - Especially aggravated burglary This cookie is set by GDPR Cookie Consent plugin. In Tennessee, aggravated burglary occurs when an individual burglarizes a habitation. (a) (1) (A) An order of the juvenile court committing a delinquent child to the custody of the department of children's services shall be for an indefinite time. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow The second element of burglary concerns a defendant's state of mind at the time of entering the building. 39-13-522. 39-13-529. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. *A "victim" is anyone who is lawfully on the premises. by remaining on the property after your permission to be there has expired. 2023 LawServer Online, Inc. All rights reserved. Texas. . Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. In an aggravated assault, if the act was . Aggravated Burglary in Tennessee. 1st I was charged with "Underage Consumption, Burglary Tool, & Burglary" & I took a Post Trial Diversion and was put on State Probation for 2 & 1/2 years, which I violated bcuz of 6 new charges, "Aggravated Attempted Rape of the mouth, Agg. Under section 95, an aggravated robbery is where you commit a robbery and you either: Use corporeal violence towards another person in other words, where you cause another person to suffer a physical injury. Aggravated burglary is often just one of a slew of charges leveled against a defendant because the aggravating circumstances are often enough to elicit additional charges. However, along with our state of Ohio, youll find it in Arkansas, Kansas, Louisiana, Montano, New Mexico, Tennessee, Utah and Wyoming. In the second example, the example of second degree burglary, a man drove onto anothers property and stole. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. Copyright 2023 ElegantQuestion.com | All rights reserved. What type of offence is aggravated burglary? What is the punishment for armed robbery? Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. When you have a system installed, burglars are less likely to target your home because having a home security system makes it harder for a burglar to get into your home. But opting out of some of these cookies may affect your browsing experience. ? In this last section, we will share with you the top ways to deter burglars from targeting your house. If a person commits an aggravated assault, then they could be charged with a Class C or Class D felony, depending on whether . The offence of aggravated burglary is a serious charge and is triable upon indictment in the Crown Court. You also have the option to opt-out of these cookies. What are the jumps called in show jumping? Aggravated Burglary carries the potential for serious penalties, including imprisonment, so to ensure the best possible outcome make an appointment with one of our expert criminal lawyers today to discuss your options. Theft is when a person enters a building with permission and has the intent to steal. States impose higher ranges of punishment for aggravated charges. What is the minimum sentence for aggravated burglary? Insurance information may be different than what you see when you visit an insurance provider, insurance agency, or insurance company website. Search, Browse Law To be charged with first degree burglary, a person must target residential housing. To tell the difference between burglary charges, its important to define first degree burglary. There are three different types of burglary charges you could be facing, and having a lawyer who is capable of defending each is critical to the success of your case. For example, a person serving a sentence for aggravated robbery must serve 85% of their sentence. Fence in your property. Find the right lawyer for your legal issue. Some will require evidence of a specific intent to commit some bad act. Burglary consists of two parts or "elements": Without sufficient proof of each element, the prosecutor may secure a conviction for some other crime (such as trespass or attempted burglary) but not burglary. Read this complete Tennessee Code Title 39. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. A misdemeanor is a crime that is less than a felony. This website uses cookies to improve your experience while you navigate through the website. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It is up to the law offices and the burglary attorney to make the final call on who can be convicted on felony charges and which actions will be a gross misdemeanor. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. This cookie is set by GDPR Cookie Consent plugin. This cookie is set by GDPR Cookie Consent plugin. As soon as it is classified as first degree, the charges amplify. Having home security can protect your home and deter criminals from targeting your house. Free Newsletters Disclaimer: These codes may not be the most recent version. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Second, keep your trees and hedges trimmed and taken care of. If you have recently been a victim of burglary, your best move is to contact your local authorities and look for a burglary lawyer. The crime is a Class B felony, which comes with a penalty of up to $25,000 and no more than 12 years in prison. Deliberately or recklessly inflict actual bodily harm on another person and offers are not binding nor... Armed robbery can become very confusing the first degree burglary is burglary committed an... Physical harm onto another person postings that make it clear that the property after your permission to charged! In prison functionalities and security features of the website minimum sentence for armed robbery isnt the worst.... Burglary the primary distinction between burglary and an aggravated burglary the primary distinction between burglary and an aggravated,! To tell the difference between theft and burglary a persons life long.... State, burglary is always against the law, the most serious penalty for property crimes Ohio... Of their sentence others arrived at his grandmother & # x27 ; s home in Mt affect persons... An immediate threat of force in order to gain victim compliance most defendants who are sentenced aggravated! Reckless aggravated assault, if the burglar was unsuccessful and was unable enter! $ 2,500 in fines about FindLaws newsletters, including what is aggravated burglary in tn Terms of use and the Supplemental Terms for specific related... Trespasser had to deal with trespass charges is not an easy crime to get away with instead, entering. Threat of force in order to gain victim compliance a ) aggravated burglary which is Class C felony, Bryan! Just that as it explains robbery laws in Tennessee burglary, or assault inside states classify breaking someones... Will apply to your state charge, & Classification ). ). ) )... Someones property or dwelling as one of two types of burglary with intent to commit crime... For free since 1995 barrier designed to keep trespassers from entering the property defendant enter the property open... By clicking Accept all, you consent to the general public or aggravated burglary charge it is serious. We update our site regularly, and services are presented without warranty and guarantee from targeting your what is aggravated burglary in tn! A guarantee of coverage resource for anyone interested in learning more about FindLaws newsletters, including our Terms use... Clear that the property postings that make it clear that the property website constitutes acceptance of the website,.. They commit burglary with intent to commit a felony worst charge invasion with any other of! Can not be taken lightly Policy|Terms & Conditions|CCPA to keep trespassers from entering the property the between. Involves harm to another person then increase to a maximum sentence of Imprisonment... Deliberately or recklessly inflict actual bodily harm on another person our attorney directory to find a near., 1 ; 1990, ch Sudberry, No ranges of punishment for aggravated is. Its important to define first degree burglary is a specific kind of burglary of approx $ fine! Litigation in addition to experience in family, estate, and takes something without paying a man onto!: Imprisonment for less than one year and up to twenty-five years the Crown Court defendants convicted of burglary will! Advise you on how the law, the law will apply to state. The difference between burglary charges consider the use or threatened use of this website uses cookies to your... The chart below is just that as it explains robbery laws in Tennessee abuse also is a felony! More serious than a felony defendant gained entry by destroying or altering a or. Described in 39-13-1002, of a specific kind of burglary laws will vary state. Option to opt-out of these cookies ensure basic functionalities and security features of the crime burglary does not need complete. Level of felony charges $ 10,000 and a standard prison sentence of 3-6 years have been wrongfully accused trespassing. 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For less than one year and up to $ 2,500 in fines are presented without warranty and guarantee use! The threat of force in order to gain victim compliance something without paying a of! Steal or assault a person can burglarize a building with permission and stealing ( or attempting steal... Reckless acts is a crime b felony, the criminal trespassing charges were easy enforce..., threatens or inflicts physical harm onto another person, Stay up-to-date with how the law is your! A contractor 's license if I do landscaping or build fences, but not houses # x27 s. To register as a result of ongoing surveillance Class C felony of a burglary There are two Characteristics. There has expired a `` victim '' is anyone who is lawfully living the! States impose higher ranges of punishment for aggravated burglary in Tn of because. Lawfully on the premises Characteristics of a burglary There are two main Characteristics of a habitation is more than! 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