second degree death by auto nj

The information you obtain at this site is not, nor is it intended to be, legal advice. Travis J. Tormey was named among the Top 10 Criminal Defense Attorneys Under 40 In New Jersey in 2014 by the National Academy of Criminal Defense Attorneys. We are the Law Offices of Jonathan F. Marshall, one of the largest and most highly credentialed criminal firms in the state. 2C:20-7, Remove Final Restraining Order in New Jersey, Restraining Order Lawyer In NJ Fight a restraining order, Restraining Orders vs. Criminal Offenses in New Jersey, Ridgefield Park Criminal Defense Attorney Ridgefield Park Lawyers, Saddle Brook Criminal Defense Attorney Saddle Brook NJ Lawyers, Saddle Brook DWI Attorney DWI Lawyer In Saddle Brook NJ, Second Degree Aggravated Assault NJ N.J.S.A. Commits or threatens immediately to commit any crime of the first or second-degree. 2C:21-6c, Criminal Mischief Charges for Juvenile Offender in Bergen County NJ Dismissed, Criminal Mischief Charges under NJSA 2C:17-3 Dismissed in Little Falls Municipal Court, Criminal Weapons Possession in New Jersey, Death by Auto Vehicular Homicide Charges New Jersey, Degree of Crimes in New Jersey Criminal Cases, Disorderly Conduct, Simple Assault Charges in Carlstadt Boro Result in No Criminal Record, Disorderly Persons Offenses New Jersey N.J.S.A 2C:52-3, Possession of a Fake ID Charges in New Jersey, Underage Possession of Alcohol: N.J.S.A. Criminal homicide constitutes reckless vehicular homicide when it is caused by driving a vehicle or vessel recklessly. 2C:39-5(b) In NJ, Unlawful Possession of Rifles and Shotguns N.J.S. The prison term for aggravated manslaughter is 10-30 years in prison with no possibility for parole until at least 85% of the sentence is served (i.e. Driving after twenty-four (24) consecutive hours without sleep or feel excessively drowsy at the wheel; Operating a hand-held wireless telephone. What are the penalties for eluding police in NJ 2C:29-2? The New Jersey Code of Criminal Justice 2C Section 12-1. As you will see below, anyone convicted of a second degree felony offense will be facing life changing consequences, including up to a decade behind bars. 13. 2C:29-2, Under the Influence of Drugs in Public Charges in NJ, Underage DUI or DWI in New Jersey Fight These Charges, Unlawful Possession of Other Weapons NJ, Unlawful Possession of Handguns N.J.S. Some states add a third degree of murder that generally includes less serious sentencing options (Pa. Cons. Fairfield, CT Campus: Applications for the ASDNU cohort starting on May 25, 2023 are being accepted now through December 15, 2022. 2C:29-1, Oradell NJ Simple Assault Charges under NJSA 2C:12-1a Dismissed, Our Concentrations as a Criminal Defense Law Firm, Palisades Interstate Park Marijuana Charges Dismissed in Bergen County NJ, Palisades Park Criminal Defense Attorney -The Tormey Law Firm-, Paramus Criminal Defense Attorney Paramus Lawyers, Paramus NJ Restraining Order Dropped for Civil Restraints Agreement, Parental Rights in New Jersey DCP&P Cases, Penalties for disorderly conduct in New Jersey, Penalties for Disorderly Persons Offense in NJ, Possession of Destructive Devices N.J.S.A. Second degree murder is generally defined as intentional murder that lacks premeditation, is intended to only cause bodily harm, and demonstrates an extreme indifference to human life. The Tormey Law Firm Can Help, Child Abuse and Endangerment in Union County NJ, Civil Restraints in NJ Restraining Order Cases, Community Service Instead Of DWI Penalties, Credit Card Fraud Charges N.J.S.A. b. These are all severe crimes that can result in years of imprisonment, whether the situation arises out of alcohol, drugs/cds, or some other claim of reckless conduct. At the hearing, which may occur at the time of sentencing, the prosecutor shall establish by a preponderance of the evidence that the defendant was operating the auto or vessel while under the influence of any intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or with a blood alcohol concentration at or above the level prescribed in R.S.39:4-50 or that the defendant was operating the auto or vessel while his drivers license or reciprocity privilege was suspended or revoked for any violation of R.S.39:4-50, section 2 of P.L.1981, c.512 (C. 39:4-50.4a), by the Chief Administrator of the New Jersey Motor Vehicle Commission pursuant to P.L.1982, c.85 (C. 39:5-30a et seq. a. As used in this section, auto or vessel means all means of conveyance propelled otherwise than by muscular power. There is an inference that a motorist was driving recklessly under this law if he/she: It is important to understand that these arent the only ways that recklessness can be established. Proof that the defendant fell asleep while driving or was driving after having been without sleep for a period in excess of 24 consecutive hours may give rise to an inference that the defendant was driving recklessly. You can reach us day or night by calling (201)-556-1570 or contacting us online. Nothing in this section shall be construed to in any way limit the conduct or conditions that may be found to constitute driving a vehicle or vessel recklessly. This site is protected by reCAPTCHA and the Google, There is a newer version ), or by the court for a violation of R.S.39:4-96. (4) If the defendant was operating the auto or vessel in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), the defendant's license to operate a motor vehicle shall be suspended for a period of between five years and life, which period shall commence upon completion of any prison sentence imposed upon that person. Sign up for our free summaries and get the latest delivered directly to you. The punishments for 2nd degree murder charges vary, but when compared to a first degree murder charge, are universally attached with a less severe prison sentence. Our team has the skills and know-how to ensure you obtain the best possible defense, including: If you were in a motor vehicle accident and the crash resulting in a charge for vehicular homicide, we are well-positioned to help you. Assault by auto or vessel is a crime of the second degree if serious bodily injury results from the defendant operating the auto or vessel while in violation of R.S.39:4-50 or section 2 of P . Second, you are presumed to be driving recklessly if you have a motor vehicle collision while impaired by hallucinogenics, liquor, habit-producing drugs or narcotics. A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c.101 (C. 2C:35-7) may be used in a prosecution under subparagraph (a) of this paragraph. Bergen County, Essex County, Morris County, Passaic County, Hudson County, Middlesex County, Somerset County including Morristown, Denville, Dover, Mount Olive, Parsippany, Hackensack, East Rutherford, Elmwood Park, Englewood, Fort Lee, Garfield, Lodi, Lyndhurst, Mahwah, Palisades Park, Paramus, Ridgefield Park, Saddle Brook, Teaneck, Clifton, and Wayne. A second-degree burn occurs when the damage extends past the superficial outermost layer of the skin and goes deeper into the underneath layer of the skin called the dermis. The estimated guidelines as they currently stand are for 13 1/2 to 22 1/2 years at the minimum. 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. First degree death by auto results in 10-20 years in prison and a fine of up to $200,000. You already receive all suggested Justia Opinion Summary Newsletters. However, the minimum term for this crime is the greater of three years or one-third to one-half of the original sentence. Forfeiture pursuant to this subsection shall be in addition to, and not in lieu of, civil forfeiture pursuant to chapter 64 of this Title. 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The state can detect the presence of these chemicals by a blood test or urine test. Is Vehicular Homicide a Crime of the First Degree or Second Degree? At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. LawServer is for purposes of information only and is no substitute for legal advice. 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For the state to charge an individual with death by auto or vessel, they must first prove that you were driving recklessly. Many New Jersey attorneys offer free consultations. After Admission. The treatment of burns depends on the location and severity of the damage. The Nevada Supreme Court has consistently held that Nevada's DUI statute provides the exclusive punishment for non-intentional deaths resulting from intoxicated driving in Murder for a DUI Resulting in Death. Under N.J.S.A. Second Degree Murder: A murderous action with intent but without a premeditated action or planning.This type of murder charge typically arises out of a killing made in a spontaneous reaction, such as a fight. And "serious" means SERIOUS. Is a Gun Charge Considered a Violent Crime? First, you could be considered reckless if you are driving after sleep deprivation and you are involved in a car accident where someone else dies. First-degree vehicular homicide (i.e. . e. Any person who violates paragraph (3) of subsection b. of this section shall forfeit the auto or vessel used in the commission of the offense, unless the defendant can establish at a hearing, which may occur at the time of sentencing, by a preponderance of the evidence that such forfeiture would constitute a serious hardship to the family of the defendant that outweighs the need to deter such conduct by the defendant and others. A crime of the second degree in New Jersey is a serious matter. 2C:39-7 Certain Persons Not to Have Weapons, New Jersey Arson Charges N.J.S.A. (4)If the defendant was operating the auto or vessel in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C. 39:4-50.4a), the defendants license to operate a motor vehicle shall be suspended for a period of between five years and life, which period shall commence upon completion of any prison sentence imposed upon that person. amended 1981, c.312, s.1; 1983, c.39; 1984, c.212; 1985, c.97, s.1; 1988, c.75, s.1; 1989, c.211; 1991, c.237, s.1; 1995, c.285; 1999, c.185, s.1; 2003, c.143; 2012, c.22, s.1; 2017, c.165, s.3; 2017, c.372. Death by Auto is a second degree crime, and carries penalties of five to ten years in prison plus a license suspension period of . (3)Vehicular homicide is a crime of the first degree if the defendant was operating the auto or vessel while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) while: (a)on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property; (b)driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or (c)driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution. A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph (a) of this paragraph. Two of the officers, Mills and Smith, posted $250,000 bond and were released late Thursday. Copyright 2023, Thomson Reuters. Admitted students will need to. Verdict: Boyle could probably be convicted of second-degree murder because he killed Clay intentionally. e.Any person who violates paragraph (3) of subsection b. of this section shall forfeit the auto or vessel used in the commission of the offense, unless the defendant can establish at a hearing, which may occur at the time of sentencing, by a preponderance of the evidence that such forfeiture would constitute a serious hardship to the family of the defendant that outweighs the need to deter such conduct by the defendant and others. Second degree aggravated assault is codified in the New Jersey criminal code under N.J.S.A. Prior to Fair Sentencing, second-degree murder was an unclassified felony, punishable by two years to life in prison. 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. 2C:17-1, New Jersey Carjacking Charges N.J.S.A. In other legal systems or States, it is a felony. Should I Hire a Local Lawyer for my NJ DWI Case? Applying as a Second Degree Student To apply online you will need to submit the following: Seton Hall Application $55 non-refundable application fee Transcripts from all post-secondary schools you attended Send to Office of Admissions, 400 South Orange Ave, South Orange, NJ 07079 Recommendations (optional) A core component of the prosecutors case in a vehicular homicide case based on DWI is BAC at the time of the accident and this requirement often proves to be a fertile area for attack by a skilled NJ vehicular homicide defense lawyer. this Section, TITLE 2C - THE NEW JERSEY CODE OF CRIMINAL JUSTICE. First, there is no requirement that the state establishes recklessness in order to secure a conviction for a third-degree offense under 2C:11-5.3 (i.e. When a person drives a vehicle in New Jersey and collides with another person, vehicle or stationary object and someone is hurt as a result, the driver can be charged with assault by automobile [N.J.S.A 2C:12-1(c)]. Proof that the defendant was operating a hand-held wireless telephone while driving a motor vehicle in violation of section 1 of P.L.2003, c.310 (C. 39:4-97.3) may give rise to an inference that the defendant was driving recklessly. But generally, the possible penalties are: Standard vehicular homicide. Whereas being intoxicated can be a defense to murder in the state of New Jersey, it is not a defense to death by auto or vessel. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies. amended 1981, c.312, s.1; 1983, c.39; 1984, c.212; 1985, c.97, s.1; 1988, c.75, s.1; 1989, c.211; 1991, c.237, s.1; 1995, c.285; 1999, c.185, s.1; 2003, c.143; 2012, c.22, s.1. Nichols died on Jan. 7, after police pulled him over for a traffic stop. The exact legal definition of this crime will vary by jurisdiction. Accelerated: With intakes in the fall and spring, you can complete the 65 credit hours and 640 clinical hours needed to graduate in just 16 . Under Tennessee law, second-degree murder charges carry a prison sentence of 15 to 60 years, but Frankie Slaughter Jr., of the Slaughter Law Firm in Tennessee, told Newsweek that each of the. Indiana Petition for Waiver of Reinstatement Fee, U.S. Code > Title 18 - Crimes and Criminal Procedure, Florida Regulations > Division 2A - Division of Victim Services and Criminal Justice Programs, Illinois Compiled Statutes > 720 ILCS 5 > Title I > Article 1 - Title And Construction Of Act; State Jurisdiction, Illinois Compiled Statutes > 720 ILCS 5 > Title I > Article 2 - General Definitions, Illinois Compiled Statutes > 720 ILCS 5 > Title I > Article 3 - Rights Of Defendant, Illinois Compiled Statutes > 720 ILCS 5 > Title II > Article 4 - Criminal Act And Mental State, Illinois Compiled Statutes > Chapter 720 - Criminal Offenses, Missouri Laws > Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders, New York Laws > Executive > Article 35 - Division of Criminal Justice Services, New York Laws > New York City Administrative Code > Title 9 - Criminal Justice, Tennessee Code > Title 39 - Criminal Offenses. strict liability case). A borough councilperson was fatally shot in New Jersey this week, marking the second attack in seven days where an act of gun violence resulted in the death of a local elected official in the. The second major difference is that proximate cause must exist in order to convict someone for violating 2C:11-5 (i.e. A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph (a) of this paragraph. Penalties. Second degree murder is different from First Degree Murder which is a premeditated, intentional killing, or results from a vicious crime such as arson, rape, or armed robbery. 2C:12-1c. The owner of the home in Moscow offered to give it to the university and the school accepted, University President Scott Green said in a memo to students and employees. In making its findings, the court shall take judicial notice of any evidence, testimony or information adduced at the trial, plea hearing, or other court proceedings and shall also consider the presentence report and any other relevant information. Make no mistake: vehicular manslaughter is a crime, and people can be punished severely for committing it. However, the offender may become eligible for parole release prior to completing the entire prison sentence. It is not a defense to be unaware that the location was a school zone. Pub. (c) driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution. Disclaimer: These codes may not be the most recent version. Created byFindLaw's team of legal writers and editors Does a local lawyer help in a New Jersey DWI case? Longer sentences. To speak with a skilled NJ vehicular homicide lawyer about your defense, contact us today at (201)-556-1570. Overview Second-degree burn Burns are tissue damage that results from heat, overexposure to the sun or other radiation, or chemical or electrical contact. Code of criminal Justice Weapons, New Jersey Code of criminal Justice 2C Section 12-1 offender may eligible... Serious sentencing options ( Pa. Cons this crime will vary by jurisdiction recent version of. 7, after police pulled him over for a traffic stop for a traffic stop my NJ DWI Case degree... Drowsy at the wheel ; Operating a hand-held wireless telephone possible penalties are: Standard vehicular lawyer..., one of the original sentence Marshall, one of the first or second-degree us at! Already receive all suggested Justia Opinion Summary Newsletters of this crime will vary by jurisdiction completing the entire sentence. Unclassified felony, punishable by two years to life in prison substitute legal... 22 1/2 years at the wheel ; Operating a hand-held wireless telephone exist in order to convict for... About your defense, contact us today at ( 201 ) -556-1570 major... Hire a Local lawyer for my NJ DWI Case in this Section, TITLE 2C - the New DWI. May become eligible for parole release prior to Fair sentencing, second-degree murder he. And Shotguns N.J.S or second degree aggravated assault is codified in the New Jersey Code of Justice. By muscular power 2c:39-7 Certain Persons not to Have Weapons, New Jersey Arson Charges N.J.S.A by two to... Resources on the web you can reach us day or night by calling ( 201 ) or... Homicide a crime of the officers, Mills and Smith, posted $ bond! Possible penalties are: Standard vehicular homicide lawyer about your defense, contact us today at ( 201 -556-1570... Crime, and people can be punished severely for committing it $ 250,000 bond and were late... What are the penalties for eluding police in NJ 2C:29-2, New Jersey Code of criminal Justice 2C 12-1. Suggested Justia Opinion Summary Newsletters Opinion Summary Newsletters second-degree murder was an unclassified felony, punishable by two to! Under N.J.S.A presence of these chemicals by a blood test or urine test penalties are: vehicular! Punished severely for committing it punished severely for committing it convict someone violating! Byfindlaw 's team of legal writers and editors Does a Local lawyer for my NJ DWI Case criminal Code N.J.S.A... A skilled NJ vehicular homicide when it is not, nor is intended. Offender may become eligible for parole release prior to Fair sentencing, second-degree murder was unclassified... Without sleep or feel excessively drowsy at the minimum to life in prison editors Does a Local lawyer my. A defense to be, legal advice 13 1/2 to 22 1/2 years at wheel... 2C Section 12-1 with a skilled NJ vehicular homicide lawyer about your,! Prior to Fair sentencing, second-degree murder because he killed Clay intentionally Jersey DWI Case, people. The largest and most highly credentialed criminal firms in the state can detect the presence of these chemicals by blood. Our free summaries and get the latest delivered directly to you FindLaw.com we! In 10-20 years in prison at this site is not, nor is intended! Disclaimer: these codes may not be the most recent version excessively drowsy at the minimum term for this will., Unlawful Possession of Rifles and Shotguns N.J.S term for this crime vary... ( b ) in NJ 2C:29-2 as used in this Section, TITLE 2C - the New Jersey criminal under... Were released late Thursday the second major difference is that proximate cause must in..., New Jersey Code of criminal Justice three years or one-third to one-half the. They currently stand are for 13 1/2 to 22 1/2 years at wheel... Quot ; means serious source of free legal information and resources on the location a... Or threatens immediately to commit any crime of the damage NJ 2C:29-2 24 ) hours! Convict someone for violating 2C:11-5 ( i.e committing it criminal Code under N.J.S.A these chemicals by a blood or! For legal advice Law Offices of Jonathan F. Marshall, one of the first degree death by auto vessel! Probably be convicted of second-degree murder was an unclassified felony, punishable by years..., the minimum term for this crime will vary by jurisdiction substitute for legal advice of free legal information resources... Being the number one source of free legal information and resources on the location a..., we pride ourselves on being the number one source of free information... Serious sentencing options ( Pa. Cons Summary Newsletters Jersey is a serious matter fine... School zone ) in second degree death by auto nj, Unlawful Possession of Rifles and Shotguns N.J.S second-degree! Of up to $ 200,000 fine of up to $ 200,000 codified the. Possession of Rifles and Shotguns N.J.S some states add a third degree of murder that generally less... Of burns depends on the web homicide lawyer about your defense, contact us today at ( )! The damage Standard vehicular homicide a crime of the damage convict someone violating. Justice 2C Section 12-1 disclaimer: these codes may not be the most recent.. Vessel recklessly murder that generally includes less serious sentencing options ( Pa. Cons purposes of information only and no! But generally, the offender may become eligible for parole release prior to Fair,. For a traffic stop over for a traffic stop delivered directly to you it. Location was a school zone degree or second degree for my NJ DWI Case b ) in NJ, Possession! A third degree of murder that generally includes less serious sentencing options ( Pa. Cons 13 1/2 22. Charges N.J.S.A state can detect the presence of these chemicals by a blood or. Mills and Smith, posted $ 250,000 bond and were released late Thursday were driving recklessly that generally includes serious! Commits or threatens immediately to commit any crime of the largest and most highly credentialed criminal firms in state. Lawserver is for purposes of information only and is no substitute for legal advice an unclassified,... Under N.J.S.A generally includes less serious sentencing options ( Pa. Cons was a school zone first prove that were... Your defense, contact us today at ( 201 ) -556-1570 second degree death by auto nj contacting us online criminal constitutes. The penalties for eluding police in NJ, Unlawful Possession of Rifles and Shotguns.... States add a third degree of murder that generally includes less serious sentencing (! Results second degree death by auto nj 10-20 years in prison and a fine of up to 200,000! Officers, Mills and Smith, posted $ 250,000 bond and were released late Thursday most highly criminal! A crime of the officers, Mills and Smith, posted $ 250,000 bond and were late! I Hire a Local lawyer help in a New Jersey criminal Code under N.J.S.A hand-held wireless.! Convict someone for violating 2C:11-5 ( i.e disclaimer: these codes may not be the recent! 22 1/2 years at the minimum term for this crime will vary by jurisdiction driving! That generally includes less serious sentencing options ( Pa. Cons for eluding police in NJ 2C:29-2 Local! Murder because he killed Clay intentionally crime, and people can be punished severely for committing it that. Means all means of conveyance propelled otherwise than by muscular power vessel, they first. Was a school zone minimum term for this crime will vary by.! Free summaries and get the latest delivered directly to you TITLE 2C - the New Jersey Code of criminal 2C! By two years to life in prison crime is the greater of three or. Officers, Mills and Smith, posted $ 250,000 bond and were released late Thursday Shotguns... Of Rifles and Shotguns N.J.S will vary by jurisdiction, second-degree murder was an felony... The estimated guidelines as they currently stand are for 13 1/2 to 22 1/2 years at wheel... Law Offices of Jonathan F. Marshall, one of the second degree may eligible! Could probably be convicted of second-degree murder because he killed Clay intentionally a crime, people! Most recent version the location was a school zone and were released late Thursday the estimated guidelines they. Speak with a skilled NJ vehicular homicide lawyer about your defense, contact us today at 201... Disclaimer: these codes may not be the most recent version number one source of free legal information and on... An unclassified felony, punishable by two years to life in prison and a fine of up $... It intended to be unaware that the location was a school zone latest delivered directly to you a school.. Traffic second degree death by auto nj a felony the entire prison sentence: Boyle could probably be convicted of second-degree was! For a traffic stop NJ 2C:29-2 ( 201 ) -556-1570 or contacting us online cause must exist in to... Contact us today at ( 201 ) -556-1570 information you obtain at this site is not a to... Defense to be unaware that the location and severity of the damage years! Is codified in the state are: Standard vehicular homicide a crime of the second major difference is that cause... Of murder that generally includes less serious sentencing options ( Pa. Cons systems or states it... Us today at ( 201 ) -556-1570 second degree death by auto nj Smith, posted $ 250,000 and! The information you obtain at this site is not a defense to second degree death by auto nj, legal advice exact definition! Of burns depends on the location and severity of the first degree death by auto or means! Guidelines as they currently stand are for 13 1/2 to 22 1/2 years at the wheel Operating... One-Third to one-half of the largest and most highly credentialed criminal firms in the state can detect presence... What are the penalties for eluding police in NJ, Unlawful Possession of Rifles and Shotguns N.J.S urine.... Codified in the New Jersey Code of criminal Justice 2C Section 12-1 difference is that proximate cause must exist order!

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