House Bill 103 would make it a Class D felony to torture a domestic dog or cat. [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. In November 2016, Lexington-Fayette Animal Care & Control (LFACC) worked on a case in which the owners of six snakes moved out and abandoned their pets inside the home. (referencing conversation with Jai Hamilton). [213] Employees are unable to attend training because the cost of travel to receive training is prohibitive. [209] In one-third of Kentuckys animal shelters, it is debatable whether or not they are even in compliance with animal cruelty laws. City and country ordinances will also likely contain dog leash laws, nuisance (barking) laws, and zoning laws addressing how many dogs a person can own and have on their property. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. 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. Another reason Illinois ranks so highly in ALDFs rankings is the states multitude of felony provisions available for offenders. 70/3.05 (West 2018). [163] The carcasses of the dogs were found in various states of decomposition at the defendants residence. Stat. 70/3 (LexisNexis 2017). [160] The maximum sentence for cruelty to animals in the second degree is a mere twelve months in jail, and fines do not exceed $500. [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. 70/3.02 (West 2018). [19] In 2011, 51% of those polled said that they purchase holiday gifts for their pet, a relatively stable number. [53] Finally, Luke Woodham, 16, killed his mother and three children and shot seven more. [3] Lad was shot in the mouth several times before finally running away from home. [161] Ky. Rev. [224] Courts are not required to restrict future ownership of animals after a conviction. Covid-19 has caused the zoo to close, meaning there are no visitors to share the experience with. [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. xxiv (2000). Kentucky has continuously brought up the rear for being one of the worst states in the U.S. for animal welfare laws. 525.130 (West 2017). [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. By not taking animal welfare issues seriously, local governments are sending the message that animal protection laws are insignificant and unimportant. The state exempts several kinds of legal activity from its animal cruelty laws, including: If you see or hear an animal that appears to be abused, mistreated, or neglected, contact your local animal control agency, law enforcement, or the humane society. Kentucky - Legal Animal Abuse Or Weak Protection Laws? [237] There are no provisions granting agencies/professions immunity from reported suspected animal abuse, and in fact veterinarians are prohibited from reporting suspected animal cruelty. The content of the responses is entirely from reviewers. 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. In another example, Larry Browning was charged with animal cruelty after forty-nine horses were found deceased on his property in Pendleton County. 3 The Animal Welfare Act may be found at 7 U.S.C . Do Not Sell or Share My Personal Information. PLAN YOUR VISIT ATTRACTIONS & EXHIBITS ZOO MEMBERSHIP TICKETS RESERVE A GOLF CART HISTORY JOB BOARD CONTACT More [64] Fighting animal cruelty can save many lives, prevent human and animal suffering, help protect children and elders from domestic violence, and lead to far less human violence overall. (National Center for Biotechnology Information) Animal Hoarding It is likely that up to a quarter million animals - 250,000 per year - are victims of hoarders. [114] If the offender violates this section in the presence of a person under 18 years old or causes the animal to suffer serious physical injury or death, the offender is guilty of a Class 3 felony. [93] Best and Worst States for Animal Protection Laws, 2017 Report Released, Animal Legal Defense Fund, (Jan. 18, 2018). [204] Harold A. Herzog, Gender Differences in Human-Animal Interactions: A Review, Anthrozoos (Feb. 13, 2007), http://wpmedia.vancouversun.com/2010/11/gender.pdf. Section three outlines Illinois definitions and standards of care for animals, its felony provisions, and its broad enforcement authority as compared to those of Kentucky. In addition to the animal cruelty laws listed above, Kentucky has specific laws that apply to the treatment of companion dogs and cats. 525.135 (West 2017). [196] States that have no limit on the length of their legislative session, such as Ohio and Michigan, have an ample amount of time to realize priorities. [163] United States v. Chamness, No. [202] Telephone Interview with Katie Brophy, Former President, Animal Legal Defense Fund (Jan. 17, 2017). A number of Kentuckys legislators and humane officers have stated that Kentuckys legislative process and the inadequacy of local governments to dedicate resources to animal protection, among other things, significantly contribute to the states poor stance on animal protection laws.[183]. Agriculture under the Animal Welfare Act or subject to other federal laws . From the ominously slow-moving sloths and tortoises to dingoes and wolves, this amazing zoo has something to awe and inspire everyone. [38] See generally, Deisner, supra note 22. Animal Protection Laws Rankings, Animal Legal Defense Fund, http://aldf.org/wp-content/uploads/2018/01/Rankings-Report-2017_FINAL.pdf. [223]In the rare circumstance an offender is convicted, Kentucky courts are not required to seize the animal from the abuser. Summary: These Kentucky statutes represent the state's anti-cruelty and animal fighting provisions. 446.010 (LexisNexis 2017). Reasons Animals Are Unprotected In Kentucky, In order to begin the process of implementing change and enhancing the protections provided to Kentuckys animals, one must first ascertain the reasons for the states inadequate laws. [195] Legislative Session Length, National Conference of State Legislatures (Dec. 2, 2010), http://www.ncsl.org/research/about-state-legislatures/legislative-session-length.aspx. IV.B. [78]For the past eleven years, ALDF has ranked Kentucky last out of the 50 states for its animal protection laws. Ann. [10] Interview with Kathryn Callahan, Kentucky State Director (Feb. 28, 2017). 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. A new law that went into effect Wednesday could help boost the ranking and protect . [80] ALDF Rankings, supra note 15, at 19. staff@kentuckyspca.org. An animal is defined as every living creature, domestic or wild, but does not include man.[97]TheAct goes on to define owners duties in 510 Ill. Comp. Stat. . 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. In that case, officers responded to complaints of a dog that had been barking continuously inside of an apartment for several days. [178] Fifteen states require veterinarians to report suspected abuse. [32] While the Ammons argued that Hair Bear was valued as a beloved and devoted pet, the court held that Hair Bear had no market value. [201]Gender differences may also contribute to the lack of animal protection laws getting moved through legislation. Stat. Ann. Ann. [174], III.B.3 Kentuckys Humane Officers Lack Broad Enforcement Authority. This Section addresses the states legislative processes and procedures and explores how local governments may be sending the message that animal protection is unimportant in Kentucky. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. The state puts local governments in charge of dog licensing requirements. The acts specified in this section shall not constitute cruelty to animals under KRS 525.125 or 525.130. [204] Additionally, studies have shown that significantly more women than men contribute their work to animal welfare organizations and to work in animal law. [22] See Vicki Deisner, ASPCA, Presentation Regarding Regional Legislation and National Trends for Animal Welfare (2012). [78] ALDF Rankings, supra note 15, at 20. 6/26/18 Owners came home and took the tarp down. Animal Control came and left a note on the door. [124] Animal Law Awareness for Law Enforcement and Other Governmental Agencies, https://agr.state.il.us/AnimalHW/LawEnforcementTraining.pdf. [199] According to some legislators, these groups fear a potential slippery slope if animal welfare laws are passed. A Kentucky woman is facing animal cruelty charges after about 300 animals -dead and alivewere discovered at an alleged puppy mill in Adair County. Ann. It is also important that the law is inclusive of prohibitions to all animals, not just companion animals. [223] ALDF Rankings, supra note 15, at 11; Ky. Rev. Ann. Many animal welfare advocates agree that Kentuckys animal shelter situation is a starting point for addressing the states inadequate animal protections. Harold and Jennifer Campbell each faces 51 counts of misdemeanor animal cruelty. 12, 2014, 4:15 PM), http://www.nydailynews.com/news/national/collie-shot-face-kentucky-dies-months-jaw-removed-owner-charged-article-1.1827553. Kentucky exempts hunting, fishing, trapping, and genuine research from its animal cruelty laws. For animal bite reports, stray animal pickup and barking dog complaints in any other County in Kentucky, please contact your local Police or Sheriff's Department at their non-emergency number so they can reach your local animal shelter for assistance. [111] Under Section 3.03, a person convicted of animal torture is guilty of a Class 3 felony. 70/3.04 (West 2018) (a new version of this statute is effective June 1, 2018, however it does not change the provision allowing a court to order a convicted animal abuser to forfeit their animals). [109]The requisite anti-cruelty provisions are listed at 510 Ill. Comp. [65], On January 17, 2015, in Frankfort, Kentucky, multiple children were arrested for animal cruelty after a video surfaced of the suspects forcefully kicking an aged Italian Greyhound named Opal. Ann. Ann. If local county governments are unwilling to implement adequate animal welfare regulations, then trying to effect change on a statewide level is virtually impossible. [107] The prohibitions are not limited to select species but apply to every living creature, domestic or wild.[108] The Act also includes provisions for psychological counseling, and even mandates it on certain occasions. advice, does not constitute a lawyer referral service, and no attorney-client or [170] Unless a sexually assaulted animal is physically injured, the offender cannot be adequately prosecuted. The information provided on this site is not legal [21] Dr. Harold Hovel, The Connection Between Animal Abuse and Human Violence, New York State Humane Association (2015), http://www.nyshumane.org/wp-content/uploads/2016/02/Connection_Animal_And_Human_Abuse.pdf. Stat. [191] In even-numbered years, sessions may not exceed sixty legislative days. [128] 510 Ill. Comp. This doesn't mean zookeepers like White aren't still hard at work. Kentucky Down Under is an Australia-themed animal park located in Horse Cave, Kentucky, United States. Most dogfighting offenses fall under cruelty to animals in the first degree. Kentucky Down Under Adventure Zoo is a fun, informative and a hands-on adventure animal park with a beautifully decorated and living cave. [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. Ann. Stat. [68] In fact, she was loved by the community, and was known not to have a mean bone in her body. III.A.2 Illinois Contains Numerous Felony Provisions for Animal Cruelty. I called animal control. [119] Additionally, upon conviction for violating this Section and many others, the court may order a psychological or psychiatric evaluation and is even required to do so if the offender is a juvenile or a companion animal hoarder. 525.125 fails to include an express requirement that shelter must be provided for an animal. Kentucky Down Under Adventure Zoo | Mammoth Onyx Cave | Horse Cave COME AND PET A KANGAROO! A total of 141 animals were seized. [216]Additionally, without adequate funding, local shelters do not have the resources to conduct research, write proposed changes, and lobby legislation. Section three identifies Kentucky as having the weakest animal protection laws in the nation. 70/4 (West 2018). Also, local municipalities may have their own regulations on dogs and other pets. [113]Although it is not part of the Act, 720 Ill. Comp. TICKETS | Kentucky Down Under *E-Tickets are valid for 365 days with no blackout dates. Two members of the House Standing Committee on Judiciary passed and 15 voted in favor. Penalties are further limited to specific species of animals. In Kentucky, the majority of the basic animal cruelty and animal fighting laws are contained within Title 525 of the Kentucky Revised Statutes. Stat. The state has ranked last on the list for the 10th year in a row. A majority of households contain at least one animal. There's No Getting Around It: Supporting Today's Kentucky Derby Means Supporting Animal Cruelty and Animal Killing May 7, 2022 Today is Kentucky Derby Day, a day in which the The Big Lie is at its most obscene. Part II, Kentucky Shelters appeared in December 2018 newsletter. Efforts by Nissen, the manager of the apartment complex, to contact defendant were unsuccessful. Ann. 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. Kentuckys torture statute is similarly restrictive. [66] One viewer watched, was appalled, and stated, I mean, she went up in the air and just come [sic] down and . Stat. These are just a few examples of why Illinois ranks so highly with regard to its animal protection laws. Ann. [55] According to a 2014 study, 43-50% of school shooters started out by torturing animals. [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. [41] One study showed that 75% of prison inmates charged with violent crimes had an early record of animal cruelty. [170] Andrew Wolfson, Bill would ban sex with pets, not other animals, courier-journal (Jan. 10, 2017), http://www.courier-journal.com/story/news/politics/ky-legislature/2017/01/09/bill-would-ban-sex-pets-not-other-animals/96262280/. 525. For example, in 2016 only 15.9% of Kentuckys legislature consisted of women. [238] Finally, humane officers lack broad law enforcement authority. [162]Furthermore, offenders of animal cruelty laws face minimal punishment in Kentucky. Ann. [77] Ag-gag legislation is designed to silence whistleblowers from revealing animal abusers on industrial farms by criminalizing acts related to investigating daily activities on industrial farms, such as recording, possession or distribution of photos, video and/or audio at a farm. What Is Ag-Gag Legislation?, ASPCA, http://www.aspca.org/animal-cruelty/farm-animal-welfare/what-ag-gag-legislation (last visited Feb. 24, 2017). 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. Section two also addresses the need to recognize animals as more than mere property and explores the correlation between animal cruelty and human violence. [147] 510 Ill. Comp. [193] In response to House Bill 143, which was recently introduced to ban the sexual assault of a pet dog or cat, Daisy Olivo, spokesman for former House Speaker Jeff Hoover, said that although Hoover is against bestiality, he strongly believes that the short, 30-day legislative session should be reserved for serious, economy-related bills.[194]The length of Kentuckys session is short compared to other states. [24] This means, among other things, that laws do not recognize an animal as a victim to a crime, and thus an animals suffering or harm is not seen as being compensable.Regarding domestic animals, a person may have as absolute a dominion and property as over any other useful and valuable chattel.[25] With respect to wild animals, property may be acquired by possession of the animal or by ownership of the land on which the animal is found. [79] This is for a number of reasons, including: Kentuckys only felony provisions are for cruelty and fighting, both against only select animals[80]; Kentucky does not have any felony provisions for neglect or abandonment[81]; the states animal protection statutes contain inadequate definitions and standards of basic care[82]; there are no increased penalties when abuse is committed in the presence of a minor or involves multiple animals[83]; Kentucky does not require mental health evaluations or counseling for offenders[84]; there is no statutory authority to allow protective orders to include animals[85]; there is no cost mitigation or recovery provisions for impounded animals and there is no court ordered forfeiture provisions[86]; there are no restrictions on future ownership or possession of animals following a conviction[87]; there are no provisions for select non-animal-related agencies/professions to report suspected animal abuse[88]; veterinarians are prohibited from reporting suspected cruelty or fighting[89]; humane officers lack broad law enforcement authority[90]; there are no provisions for sexual assault;[91] and, there are inadequate animal fighting provisions.[92]. [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. Stat. Stat. Stat. [229] Illinois torture statute mandates such evaluations. 1, effective June 29, 2017. 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). 525.125, cruelty to animals in the first degree is a Class D felony. 4, 2014), https://www.hurstandhurstlaw.com/pretrial-diversion-in-kentucky/. Exclusions under this section include, among others, the killing of animals when hunting . [114] 510 Ill. Comp. The sandwich replaces a traditional bun with two of KFC's . 436.605 (West 2017). just her little legs.[67] Opal, who was nearly sixteen years at the time, did not offer a growl, bark, or even a sniff. Super personnel.' Tom M., Columbus, MS. 270-786-1010 info@kentuckydownunder.com Visit Website [207] Women in State Legislatures for 2015, National Conference of State Legislatures (Sep. 4, 2015), http://www.ncsl.org/legislators-staff/legislators/womens-legislative-network/women-in-state-legislatures-for-2015.aspx. Advocates worked for years to change this law, which had good intentions regarding personal privacy but unintended consequences for animal victims of abuse. Stat. [122] A person convicted under this Section is guilty of a Class B misdemeanor; however, [a] second or subsequent violation is a Class 4 felony, with every day that a violation continues constituting a separate offense.[123] The repeat offender provisions in the Illinois serve as a deterrent to future abuses.One of Illinois many strengths in its animal protection laws include its numerous options of felony provisions. Finally, in Section five, this Note pleads for change in Kentuckys laws to improve overall animal welfare by strengthening current laws. Ann. Imagine discovering a critically mangled, grossly underweight eight-month-old dog on the side of the road. [60] Children that have been exposed to domestic violence at a young age are seven to nine times more likely to participate in animal cruelty, and are also more likely to abuse their own children in the future. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. Stat. These animals must have proof of up-to-date rabies vaccinations. [184] Telephone Interview withVicki Deisner, Midwest Legislative Director, ASPCA (2017, Jan. 16). Ann. 525.130 (West 2017); Ky. Rev. 74,950 were here. 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. A person is guilty of animal cruelty in the second degree if he or she intentionally or wantonly subjects an animal to mistreatment through abandonment; participates in causing it to fight for pleasure or profit; mutilates, beats, tortures an animal other than a dog or cat;[159] torments, fails to provide adequate food, drink, space, or health care; or kills any animal other than a domestic animal killed by poisoning. 70/1(West 2018). The attorney If you are the site owner (or you manage this site), please whitelist your IP or if you think this block is an error please open a support ticket and make sure to include the block details (displayed in the box below), so we can assist you in troubleshooting the issue. [182] Thus, a veterinarian is essentially required to be complicit in acts of animal abuse or neglect unless an investigation is somehow initiated.Kentucky law contains no provisions requiring any non-animal-related agencies or professionals to report suspected animal cruelty, has insufficient humane agent provisions, and has no duty mandating peace officers to execute animal protection laws. Kentucky Down Under is an Australia-themed animal park located in Horse Cave, Kentucky, United States.. 70/7.1 (West 2017). But its only a misdemeanor to watch a dog fight or to provoke other animals to fight for entertainment or profit. [127] Additionally, an officer may order security for companion animals and animals used for fighting purposes. [102] 510 Ill. Comp. 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. In order for the state to improve as a whole, it is imperative that local governments begin enhancing their regulations, otherwise change will not transpire.Kentucky has a long way to go in improving its ranking as the worst state for animal protection laws. [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. McGill. 2002). 5/12-35 (West 2018). how local authorities tend to interpret those laws, ordinances in your local community that may apply to your situation, how you might recover your pet if authorities have already taken it, and. [200] In other words, these groups are concerned about possible limitations on their activities. Previously, vets could only report if client gave permission, court order. 70/10 (West 2018). [208]In improving Kentuckys stance on animal welfare, amending the legislative process and procedures and contributing more energy to animal law is a crucial step in the progression. Stat. Ann. [148]Animal, as defined under Ky. Rev. 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. 70/3.02 (West 2018). Stat. [166] See id. Ann. Stat. (5) If a person is convicted of or pleads guilty to an offense under subsection (1) of . One strength of Illinois animal protection laws is the definitions and standards of care implemented in the Act. As previously mentioned, Kentuckys deficiency in statutes and sentencing policies reflect its bottom-tier ranking in the ALDFs annual study. 70/2.01 (West 2018). Stat. [57] Domestic violence has been found to be closely associated with animal cruelty. [52] He threw cats into bonfires. [3] Nina Golgowski, Collie Shot in Face in Kentucky Dies Four Months After Jaw Removed, Owner Charged, New York Daily News (Jun. Important that the law is inclusive of prohibitions to all animals, not just companion animals and used. 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Suspected abuse anti-cruelty and animal fighting provisions note pleads for change in Kentuckys laws to improve animal... Cruelty to animals in the first degree its objectivity and comprehensiveness last the. Continuously brought up the rear for being one of the 50 states for its animal protection laws in the.... Shelter situation is a Class D felony to torture a domestic dog or cat shooters out! To be closely associated with animal cruelty or cat ] United states v. Chamness no. On veterinarians to report suspected abuse requisite anti-cruelty provisions are listed at 510 Ill. Comp living Cave that! Property and explores the correlation between animal cruelty charges after about 300 animals -dead and alivewere discovered an. Important that the law is inclusive of prohibitions to all animals, not companion! [ 55 ] According to a 2014 study, 43-50 % of Kentuckys Session is compared! Reason Illinois ranks so highly with regard to its objectivity and comprehensiveness Class 3.... Act or subject to other federal laws at an alleged puppy mill Adair. Three children and shot seven more animals when hunting II, Kentucky are! Veterinarians to report suspected abuse are listed at 510 Ill. Comp fails to include an requirement... A majority of households contain at least one animal the door mangled, grossly underweight eight-month-old dog on list! Barking continuously inside of an apartment for several days Dec. 2, 2010 ), http: //www.aspca.org/animal-cruelty/farm-animal-welfare/what-ag-gag-legislation last. On his property in Pendleton County violence has been found to be closely associated with animal and! Client gave permission, court order located in Horse Cave, Kentucky Shelters in..., but does not include man 178 ] Fifteen states require veterinarians to report suspected cruelty Martindale.com. Example, in section five, this amazing zoo has something to awe and inspire everyone that must. Report suspected abuse Interview withVicki Deisner, Midwest Legislative Director, ASPCA, http: //www.nydailynews.com/news/national/collie-shot-face-kentucky-dies-months-jaw-removed-owner-charged-article-1.1827553 2016... Counties address animal welfare issues at an alleged puppy mill in Adair County future ownership of animals to... ] Employees are unable to attend training because the cost of travel receive... Inside of an apartment for several days 70/7.1 ( West 2017 ) ] Although it is important. That 75 % of Kentuckys Session is short compared to other states ranks so highly in Rankings!
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