CCCAC Seminar
Current Trends/Local Issues
Maggie & Monica’s
House
February 19, 2015
Instructor
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Alvaro Garcia
Police Chief, Palm Valley PD
956-778-1391
Objectives
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Identify current technological trends in
which children may become victims of
abuse
Identify local issues concerning the use of
synthetic drugs among children
Indentify the various Texas Penal Code
offenses involved in child abuse
investigations
Technological Trends
Facebook
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While many people have used Facebook to do some good, a
small portion of the service's 901 million diverse users has
been using the social network to do the complete opposite.
A disturbing recent investigation uncovered the "dark underbelly
of Facebook," a community of members who blatantly promote
and share child pornography using their personal Facebook
accounts and Facebook groups
To be sure, while the content can be found on Facebook, it was
posted by third-party users of the site and violates Facebook's
terms of use.
Facebook
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PTHC (pre-teen hardcore porn)
12 to 13 Boy Sex
Gangbanging
Incest
Bl-wjob Fan Page
Tiny nude teens
Craigslist
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Pedophiles/child molesters have been known
to use the person ads to solicit victims
Human traffickers use personal ads to post
prostitution ads for trafficked women, many
of whom are underage
Craigslist
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According to a new study in Management Information Systems
Quarterly, the entry of online classified service Craigslist into a
local market led to, on average, a 16% increase in the number
of reported HIV cases
“Our study results suggest that there is a new social route of
HIV transmission that is taking place in this digital era,” said
Jason Chan, an Assistant Professor of Information and
Decision Sciences at the Carlson School of Management
“Health care practitioners and policymakers have to look more
closely at online platforms to assess how its usage may
facilitate the spread of HIV and STDs across the country.”
Backpage
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At least 10% of the ads under “Escorts”
section of the site involve minors between
the ages of 12 and 17
Most are illegally trafficked
Instagram
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Like Facebook, Instagram is full of unsavory
individuals trying to contact others without knowing
them
There have been instances reported of kids being
contacted by pedophiles trying to get their hands on
photos of young girls
They mask themselves as some type of legitimate
business like a radio station running a contest,
knowing that this is sure to lure young people.
Instagram
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Yet another disadvantage is that Instagram’s revised
policy states that it retains all the rights to photos
posted through it
For example, if a child is posting photos of himself or
herself, Instagram can sell that photo without asking
permission from the child or the parents
It has no obligation to even pay the person who took
the photograph
In other words, once a photo is posted on Instagram,
it belongs to them!
KIK
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KIK is a super quick instant messaging app
with over 100 million users that allow teens
to exchange videos, pics, and sketches
New Kik cards allow user send Youtube
videos, create memes, and gifs without
leaving the app
Kik Cards reached over 2 million users within
first week of their launch.
KIK
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Teens are using the Kik app for sexting and dating
Teens are sending nude selfies to one another through
the app
The term sex buddy is being replaced with Kik Buddy
Teens used Reddit and other forum sites to place
classified ads for sex by giving out their Kik usernames
Kik does not offer any parental controls. Additionally,
there is no way of authenticating users thus making it
easy for pedophiles to use the messenger app.
Top 5
USA Today (2-6-15)
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Snapchat
Tinder
Vine
Whisper
9Gag
Snapchat
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Snapchat is the number one sexting app on the
market
Teens send nude snaps to their significant others
under the impression that snaps self-destruct
Forensic experts have stated the snaps can easily
be recovered thus they are never truly deleted from
the receiver’s phone
Due to the countless number of nude snaps, porn
sites have popped up over the internet to take
advantage of the free content.
Snapchat
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Picture-messaging app
Messages last only for a few seconds once they're
opened. Then the messages supposedly evaporate
into thin air. (In theory, you can send embarrassing
or risque pictures without being afraid of someone
stealing them or distributing them)
Unfortunately, the claim that Snapchat makes it safe
to send risque pictures is just plain wrong.
Snapchat
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Easy for anyone to grab a screenshot of the image before it's
deleted
October 2014 hackers got their hands on thousands of
"deleted" Snapchat images that had been stored on third-party
servers
Teens use Snapchat for innocent picture-conversations with
each other
If a teen is using Snapchat, parents should ask them to show
you how they're using it and make sure they only communicate
people that they know
They should realize the pictures they send don't just vanish
forever. Remind them, "Once on the Internet, always on the
Internet!"
Tinder
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Tinder is all about meeting new romantic partners,
which probably isn't something you want your teen
doing with strangers.
Tinder allows a person to create a profile and see
images of potential romantic matches in the
immediate area. The person can choose whether
they're interested in another user or not. If two
people like each other, then they can have a
conversation through the app and potentially "hook
up."
Tinder
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Actually, underage teens aren't even supposed to be using this
app. The only way to get on the app is to have a Facebook
account with a birth date that indicates the user is over 18 years
of age. Of course, it is just a simple keyboard entry for a child to
set any birth date they wish. There is no verification of the
user's age claim.
Any child who ends up on the app will be meeting people who
are over legal age. They might come across predators,
scammers and any variety of creeps that no one should have to
deal with.
In short, Tinder is dangerous for kids. Keep them away from it.
Vine
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Seems like a totally safe app at first. It gets
dangerous when you consider how strong peer
pressure is on social media.
Teens will do almost anything for acceptance and
attention. The best way to get attention on social
media is to do something edgy or crazy. Last year, in
the most dramatic example yet, teens across the
world took to setting themselves on fire.
The #FireChallenge hashtag was one of the most
popular in August.
Vine
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In response to this, Vine just released the Vine Kids
app, which features hand-selected videos that are
supposed to be appropriate for younger audiences.
Unlike the real Vine app, Vine Kids can't record
videos
If a child does use Vine, or any social media site,
parents should friend, follow or join them on it to
monitor what they're doing and saying
Checking their phone to confirm which apps they
have installed, or even review their activity on the
site, are also good ideas.
Whisper
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App built specifically for spreading rumors and
secrets. It lets users post pictures and text
anonymously. Apps like Whisper could potentially be
a good outlet for teens as anonymous confessions
can help people unburden themselves.
However, Whisper shares the secrets based on
geographic location, so the users nearest to you are
the ones more likely to see your secret. If a child
reveals too much, it can put them in a dangerous
situation with friends or adversaries.
Whisper
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The most dangerous apps for teens use GPS
tracking to bring people physically together.
Cyberbullying is much more hurtful when the
person bullying your child moves from online
to in-person abuse. In this case, Whisper
seems like it could cause teens more harm
than good.
9Gag
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One of the most popular apps to distribute memes
and pictures online. The risky part for teens lies
within the fact that all kinds of pictures are shared on
9Gag. These pictures aren't moderated and could
come from any uploader and feature terrible images
you don't want kids seeing
Not only that, but some 9Gag users are cyberbullies
and abuse other users online
Many of the people guilty of "swatting," or getting the
police to raid an innocent person's house, come from
9Gag.
Ask.fm
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Ask.fm is one of the hottest social networking sites
that is almost exclusively used by teenagers and
pre-teens
25% of teens have posted something on ask.fm over
the past 30 days
It is a question and answers site that allows user to
ask anonymous questions
Ask.Fm has Twitter and Facebook integration that
allows users to connect with all their friends on those
popular sites.
Ask.fm
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Due to intense bullying, Ask.fm has led to 4
documented cases of suicide in the United
States, Ireland, and Great Britain
Users engage in hyper bullying by constantly
asking inappropriate and derogatory
questions
The app is totally anonymous and is not
being monitored by the developers.
Parental Vigilance
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The key for parents is to monitor downloaded
apps on their child’s phone or mobile device
Google the apps to learn if they are
dangerous or inappropriate
Parents should gather passwords and user
names for monitoring purposes and
communicate with their child about why they
are monitoring their activity on their mobile
device.
TEXAS HEALTH AND SAFETY
CODE
Synthetic Drugs
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DSHS placed five synthetic cannabinoid
substances in Schedule I of the Texas
Schedules of Controlled Substances, making
it illegal to manufacture, distribute, possess
and sell the substances. Penalties for the
manufacture, sale or possession of K2 are
Class A or B misdemeanors.
Synthetic Drugs
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K2 or Spice, often marketed as herbal
incense, contain substances that produce
psychoactive effects similar to those from
smoking marijuana. These marijuana-like
substances are readily available through
smoke shops, gas stations and the Internet.
Synthetic Drugs
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Following the DEA's action, DSHS is required by state law to
place the substances on the Texas Schedules of Controlled
Substances unless the commissioner objects.Schedule I, the
most restrictive category on the Texas Schedules of Controlled
Substances, is reserved for unsafe, highly abused substances
with no accepted medical use. Five chemicals, JWH -018,
JWH-073, JWH-200, CP-47,497, and cannabicyclohexanol that
are found in K2 were placed on the Schedule.
Penalties for the manufacture, sale or possession of K2 are
outlined in Section 481.119 of the Texas Controlled Substances
Act.
Bath Salts
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Abusing bath salts -- through smoking,
injecting or snorting - can produce intense
and frequently dangerous side effects.
Violence, paranoia, suicidal tendencies and
psychotic behavior are common reactions.
Bath Salts
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The illegal chemicals
Methylenedioxypyrovalerone and
Mephedrone, known on the street as MDPV,
are considered man-made cocaine. Having
or selling "bath salts" that contain MDPV is
now a felony. The quantity of "bath salts"
found during an arrest determines what type
of felony charge is applied.
Bath Salts
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Possession of less than one gram of "bath
salts" is a state jail felony. Having one to four
grams constitutes a second-degree felony. A
first-degree charge applies to quantities of 4
to 400 grams.
MDMA
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Also known as: “Ecstasy,” “Molly,” “E,”
“XTC,” “X,” “Adam,” “hug,” “beans,” “clarity,”
“lover's speed,” and “love drug”
MDMA
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MDMA, short for 3,4methylenedioxymethamphetamine, is most
commonly known as “Ecstasy” or “Molly.” It is a
manmade drug that produces energizing effects
similar to the stimulant class amphetamines as well
as psychedelic effects, similar to the hallucinogen
mescaline. MDMA is known as a “club drug”
because of its popularity in the nightclub scene, at
“raves” (all-night dance parties), and music festivals
or concerts.
Salvia
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§481.104, Penalty Group 3
(change; effective 09/01/2013)
Adds Salvia divinorum and its derivatives
and extracts to Penalty Group 3 of the Texas
Controlled Substances Act (“unless
unharvested and growing in its natural state”).
Texas Penal Code
Incest/
Intergenerational
Offenses
Intergenerational Abuse
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Intergenerational Cycle Of Abuse
The abuse that is passed from father to son or
daughter, parent to child, sibling to sibling etc.
Abuse is learned behavior, unfortunately learned at
an early age
In a large extended family of aunts, uncles, and
cousins, the abusive behavior may be wide spread
Study #1
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154 cases of intrafamilial sexual abuse
More than a third of the offenders and about half of
the mothers had experienced or been exposed to
sexual abuse as children
Cases were divided into:
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the sexual abuser was the biological father in an intact
family
those where he was a stepfather or mother's live-in partner,
and
those where he was a noncustodial father
Study #1
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In biological father cases, parents were about
equally likely to have experienced sexual abuse
during childhood
In the stepfather/live-in partner cases, the mother
was more likely to have had such an experience
In the noncustodial father cases, the offender was
more likely to have come from a sexually abusive
family.
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(Why sexual abuse? An exploration of the
intergenerational hypothesis. Kathleen Coulborn Faller)
Study #2
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This study explored the intergenerational
transmission of sexual abuse through an
analysis of the mothering styles of 24
mothers who were incest survivors.
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(Rachel Lev-Wiesel Journal of Child Sexual
Abuse Volume:15 Issue:2 Dated:2006 Pages:75 to 101,
2006)
Study #2
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Results indicated four main types of
mothering styles used by mothers who were
incest survivors:
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(1) the Unaware Mother
(2) the Unwitting Accomplice
(3) the Enabler
(4) the Common Fate Mother.
Study #2
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The Unaware Mother
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Characterized by a complete lack of knowledge of
her child’s victimization
The Unwitting Accomplice
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Characterized by latent cooperation with the
sexual abuse, such as through the denial of the
obvious signs of child sexual abuse.
Study #2
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The Enabler
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Tends to have a borderline personality and exhibit sadistic
tendencies that manifest in the overt or covert
encouragement of the sexual abuse of her child
The Common Fate Mother
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Generally exhibits learned helplessness and dependency as
well as high levels of anxiety and depression
Common Fate Mothers tend to respond to the sexual abuse
of their children with a sense of helplessness and
submission.
Study #2
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These mothering styles suggest that one
explanation for the intergenerational
transmission of sexual abuse is the
development of the dissociative defense
mechanism as a permanent coping style,
which is a way for the incest survivors to
avoid memories of the sexual abuse they
suffered.
Quiz
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Which criminal offense in Texas has the
highest possible punishment possibility in
Texas criminal courts?
Answer
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Capital Murder
–
Life in prison or DEATH
Quiz
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Which criminal offense in Texas has the
SECOND highest possible punishment
possibility in Texas criminal courts?
Answer
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TPC 21.02, Continuous Sexual Abuse of
Young Child or Children
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During a period of 30 days or more
Commits 2 or more acts
Actor 17 yrs of age or older and
Victim younger than 14 yrs of age
First degree felony
Life in prison OR 25 yrs to 99 yrs
TPC 21.08
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Indecent Exposure
Arouse or gratify/reckless
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Class B
TPC 21.11
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Indecency with a Child
Younger than 17 yrs of age
Sexual contact
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2nd degree Felony
Exposure
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3rd degree Felony
TPC 22.01
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Assault
Contact/Threat
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Bodily Injury
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Class C
Class A
Strangulation/Suffocation
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3rd degree Felony
TPC 22.011
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Sexual Assault
Child – younger than 17 yrs of age
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2nd degree Felony
**Affirmative defense (not more than 3 yrs older)
TPC 22.02
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Aggravated Assault
Serious bodily injury
Uses/exhibits deadly weapon
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2nd degree Felony
TPC 22.021
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Aggravated Sexual Assault
Sexual Assault +
Serious bodily injury
Threats
Administers drug
Child younger than 14 yrs of age
Elderly (65 yrs or older) or disabled person
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1st degree Felony
TPC 22.04
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Injury to Child, Elderly, or Disabled
Serious bodily injury
Serious mental deficiency
Bodily injury
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State Jail Felony through 1st degree Felony
(b) Omission – failing to act also an offense
TPC 25.02
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Prohibited Sexual
Conduct
Sexual/deviate sexual
intercourse
Ancestor or descendant
(blood or adoption)
Current or former
stepchild/stepparent
Parent’s brother/sister
(whole/half blood)
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Brother/sister (whole/ half
blood)
Children of actor’s
brother/sister (whole/half
blood)
Son/daughter of actor’s aunt
or uncle (whole/half blood,
adoption)
3rd degree Felony
2nd degree if parent or
grandparent
TPC 38.17
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Failure to Stop or Report Aggravated Sexual Assault
of Child
Other than parent/legal guardian
Actor observes commission/attempted commission
of:
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Continuous Sexual Abuse of Child
Aggravated Sexual Assault
Fails to assist child or report
Class A
TPC 38.171
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Failure to Report Felony
Observes felony
SBI or death may have resulted
And fails to immediately report
Class A
TPC 43.24
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Sale, Distribution, or Display of Harmful
Material to Minor
Minor – younger than 18 yrs of age
Class A
TPC 43.26
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Possession/Promotion Child Pornography
Child younger than 18 yrs of age
Sexual conduct
3rd degree Felony (possession)
2nd degree Felony (intent to promote)
Sexual Conduct
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Sexual contact, actual or simulated sexual
intercourse, deviate sexual intercourse,
sexual bestiality, masturbation, sadomasochistic abuse, or lewd exhibition of the
genitals, the anus, or any portion of the
female breast below the top of the areola.
Electronic Transmission of Certain
Visual Material Depicting Minor
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“Sexting”
Minor – younger than 18 yrs of age
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Class C – Possession
Class B – Harass, annoy, alarm, torment… or
previous conviction
Affirmative defense
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Actor or other minor not more than 2 yrs older or
younger than victim OR was spouse
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Affirmative defense
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Actor or other minor not more than 2 yrs older or
younger than victim OR was spouse
Defense
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Did not produce or solicit
Possessed only after receiving the material from
another minor
Destroyed material within a reasonable time after
receiving
Family Code
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§261.109, Failure to Report; Penalty
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Requires a person to “make a report” rather than
simply “report” suspected child abuse
Requires professionals to make reports
Class A
If intended to conceal abuse, State Jail
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Questions????