Is It Illegal to Hit a Woman in Self Defense? 2026

Legally Explained
On: May 4, 2026 |
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Hitting a woman in self-defense is not illegal when the legal requirements for self-defense are met. US self-defense law is gender-neutral, meaning the sex of the person attacking you has no bearing on whether you can legally defend yourself.

That surprises a lot of people. The widespread belief that a man can never legally strike a woman is simply not accurate as a matter of law. What the law actually requires is that your response be proportionate to the threat, regardless of who is doing the threatening.

The real legal question is never about gender. It is always about whether you faced an imminent threat, whether your response was reasonable, and whether you used force proportionate to the danger you were in.

This article breaks down the actual law, the elements courts examine, how state rules differ, and what happens when a self-defense claim against a woman fails in court.

Is It Illegal to Hit a Woman in Self Defense?

Hitting a woman in self-defense is not illegal when the act meets the legal requirements for justified use of force. No US state has a law that prohibits a person from defending themselves against an attack simply because the attacker is a woman.

The legal framework governing this situation is the same framework that applies to every other self-defense scenario. You must have faced an imminent threat of bodily harm. You must have reasonably believed force was necessary to prevent that harm. And the force you used must have been proportionate to the threat posed.

US courts and state statutes do not distinguish between male and female attackers when evaluating the legality of defensive force. The law looks at the threat, not the gender of the person posing it.

Quick Facts:

  • Self-defense law in all 50 states: gender-neutral
  • Legal standard: Reasonable belief of imminent threat
  • Force requirement: Proportionate to the threat
  • Gender of attacker: Legally irrelevant to the justification analysis
  • Who decides: Jury or judge evaluates objective reasonableness

The situation where this gets complicated is proportionality. A man who is six feet tall and weighs 200 pounds hitting a 120-pound woman in response to a slap will face much harder scrutiny than the same man hitting someone of equal size. Courts factor in the physical reality of the encounter, including size and strength differences, when evaluating whether the force used was proportionate to the threat.

Can a Man Hit a Woman in Self Defense?

Yes, a man can legally hit a woman in self-defense when the legal elements of self-defense are satisfied. The fact that the attacker is a woman does not strip a man of his right to defend himself under US law.

Every state’s self-defense statute frames the right to use force in terms of threat and reasonable response, not in terms of the attacker’s sex. Model Penal Code Section 3.04, which forms the basis for many state self-defense statutes, defines the justification for use of force as protection against unlawful force from another person, without any gender qualification.

The practical reality in courtrooms is that juries bring their own expectations and biases to these cases. A man who hits a woman and claims self-defense will often face greater skepticism from jurors than a man who hit another man. That is a social reality, not a legal one. The law does not require men to absorb physical attacks from women without responding.

What courts actually evaluate in these cases:

  • Was there an actual or reasonably perceived threat of bodily harm?
  • Did the defendant believe force was necessary to prevent that harm?
  • Was that belief objectively reasonable given the circumstances?
  • Was the force used proportionate to the threat?

All four of these elements apply identically whether the attacker is male or female. A man who answers “yes” to all four has a valid self-defense claim.

Is It Legal to Hit a Woman in Self Defense?

Hitting a woman in self-defense is legal under US law when the use of force is justified. The legal justification for self-defense does not require that the person you defend against be male, larger, or stronger than you.

The right to self-defense is recognized in all 50 states, either through statute or common law. This right extends to defending against any person who poses an imminent threat of bodily harm. Gender is not a listed exception or qualification in any state’s self-defense statute.

Hitting a woman in self-defense

Where the legality becomes fact-specific is in the proportionality analysis. A person who uses excessive force, meaning more force than the threat reasonably required, loses the self-defense justification. This applies equally regardless of the attacker’s gender.

SituationSelf-Defense Claim Valid?Key Legal Issue
Woman punches man, man pushes her awayLikely validProportionate response
Woman slaps man, man breaks her armLikely invalidDisproportionate response
Woman attacks with a weapon, man punches herLikely validImminent deadly threat
Woman verbally threatens man, man hits herInvalidNo imminent physical threat
Woman and man mutually fight, man gets hurtComplicatedMutual combat doctrine applies

The table above illustrates that the legal analysis is always situational. The gender of the attacker feeds into the proportionality assessment only to the extent that physical size and strength differences affect how dangerous the threat actually was.

Key Takeaway: Self-defense law in the United States is completely gender-neutral. A person has the legal right to defend against an attack from a woman using the same legal framework that applies to any other attacker. The legality hinges entirely on proportionality, imminence, and reasonable belief, not on who is throwing the punches.

Is Self Defense Gender Neutral?

Self-defense law is gender-neutral in all 50 US states. No state self-defense statute distinguishes between male and female attackers when defining the right to use defensive force.

The gender-neutral nature of self-defense law stems from its foundation in equal protection principles and common law tradition. The right to defend oneself from physical harm is treated as a universal right. Restricting that right based on the sex of the attacker would create a legal system in which certain people could attack others without legal consequence, which no court has ever sanctioned.

This does not mean gender is completely irrelevant to how self-defense cases play out in practice. Gender affects proportionality analysis when there is a significant physical disparity between the parties. A 250-pound man claiming imminent fear from an unarmed 100-pound woman will face more scrutiny than someone facing an attacker of comparable size. But that scrutiny is about the reasonableness of the fear, not about any gender-based restriction on the right to defend.

Courts apply what is called the “objective reasonableness standard.” The question is whether a reasonable person in the same situation would have believed force was necessary. That standard applies identically across all gender combinations of attacker and defender.

  • Man attacked by woman: Same legal framework as any other self-defense
  • Woman attacked by woman: Same legal framework
  • Woman attacked by man: Same legal framework
  • Physical disparity: Affects proportionality assessment, not the right to defend

The myth that men can never legally hit women under any circumstances is a cultural belief, not a legal rule. Courts have repeatedly affirmed that the right to self-defense is not conditioned on the sex of either party.

Can You Hit a Woman If She Hits You First?

Being hit first by a woman does not automatically give you the legal right to hit back, but it is highly relevant to whether a self-defense claim would succeed. Being struck first establishes that an attack was underway, which satisfies the imminence element of self-defense.

The legal question after the first hit is whether your response was proportionate. A single slap followed by a single push back is a very different legal scenario than a single slap followed by a beating. Courts and juries evaluate what happened after the initial contact to determine whether the defensive response was appropriate to the level of threat.

State law introduces another variable here: the aggressor rule. In most states, a person who initiated the altercation or escalated it cannot claim self-defense without first withdrawing from the fight and making that withdrawal clear to the other party. If a man provoked the situation that led to a woman hitting him, his claim of self-defense for his response is weakened or potentially eliminated.

Situations where hitting back after being hit first is more defensible:

  • The initial hit was part of a continuing attack, not a single isolated slap
  • The attacker was continuing to advance after the first strike
  • The attacker had a weapon or was threatening to escalate
  • The initial hit caused actual injury or posed a risk of serious harm

Situations where hitting back after being hit first is harder to defend:

  • The initial hit was minor and the response caused significant injury
  • The person who was hit first provoked or escalated the situation
  • The response was delayed, suggesting it was retaliation rather than defense
  • The attacker had stopped or retreated before the response came

What Counts as Self Defense Against a Woman?

Self-defense against a woman requires the same elements as self-defense against anyone else. The person claiming self-defense must have faced an imminent threat of unlawful physical force, must have reasonably believed defensive force was necessary, and must have used force proportionate to the threat.

The four core elements of a valid self-defense claim:

  1. Imminent threat: The threat must be happening now or about to happen. A future threat, a verbal threat alone, or a past threat that has passed does not qualify.
  2. Reasonable belief: The person defending themselves must have genuinely and reasonably believed force was necessary. “Reasonable” is evaluated from the perspective of a reasonable person in the same situation.
  3. Proportionality: The force used must match the force threatened. Non-deadly force is appropriate against non-deadly threats. Deadly force is only legally justified when facing a threat of death or serious bodily injury.
  4. Not the aggressor: The person claiming self-defense generally cannot have been the one who started or provoked the physical confrontation.

What does not count as self-defense against a woman or anyone else:

  • Hitting someone because you’re angry at them
  • Hitting someone to prevent a future, non-imminent threat
  • Hitting someone who has already stopped attacking and is retreating
  • Using far greater force than the threat required
  • Responding to a verbal argument with physical force

Think of the proportionality rule like a volume knob. If someone turns the threat up to level 3, you can respond at level 3. Turning your response to level 10 is where the self-defense claim breaks down.

Proportionality in Self Defense Against a Woman

Proportionality is the element of self-defense that causes the most legal difficulty when a larger or stronger person defends against a smaller or weaker attacker, including a woman. The force used must not exceed what was reasonably necessary to stop the threat.

Courts apply the proportionality analysis by examining the actual threat level, not just the gender or size of the attacker. A woman can pose a deadly threat if she is armed. A woman significantly smaller than the person defending against her poses a lesser physical threat from unarmed strikes than someone of equal size would. Both of these realities factor into the proportionality assessment.

The physical disparity between the parties is one factor courts consider, but it is not the only one. Relevant factors include:

  • The size and strength difference between attacker and defender
  • Whether the attacker was armed
  • The nature and severity of the attack (slap versus punch versus chokehold)
  • Whether the attack was ongoing or had stopped
  • Whether the defender had any realistic alternative to the force used

Bold callout: Courts have consistently held that a person is not required to accept any level of physical harm before responding. The law does not require you to “take a hit” before defending yourself. But the force you use in response must be proportionate to what you were actually facing.

A man who hits a woman with enough force to cause serious injury in response to a non-threatening slap will almost certainly fail the proportionality test. A man who strikes a woman to stop her from strangling him has a much stronger proportionality argument.

Key Takeaway: Proportionality is the most legally contested element when force is used against a woman. Courts evaluate the actual threat level, the physical circumstances, and whether the response matched the danger. Size and gender inform but do not determine the proportionality analysis.

Can a Bigger Person Claim Self Defense Against a Smaller Person?

A bigger person can legally claim self-defense against a smaller person when the threat was real and the force used was proportionate to that threat. Physical size does not disqualify a person from claiming self-defense.

The legal framework does not prevent larger individuals from defending themselves. However, the size disparity between the parties affects how courts and juries evaluate the reasonableness of the fear and the proportionality of the response. A 250-pound man claiming he feared for his life from an unarmed 110-pound woman will need to explain why that fear was objectively reasonable.

Factors that can make a self-defense claim credible even with a significant size advantage:

  • The smaller attacker was armed with a weapon
  • The smaller attacker had a history of violence known to the defender
  • The smaller attacker had the defender in a position of vulnerability (pinned, cornered)
  • The attack involved a choke, eye gouge, or other technique capable of causing serious injury
  • Multiple attackers were present
Physical ScenarioSelf-Defense CredibilityKey Factor
Large man, small unarmed woman slapping himLow to moderateProportionality of response is critical
Large man, small woman with knifeHighArmed attacker changes threat level
Large man, small woman choking himModerate to highChoke can cause serious injury
Large man, small woman verbally threatening himNoneNo imminent physical threat
Large man, multiple attackers including womenHighMultiple attacker doctrine applies

State laws in Florida, Texas, and other stand-your-ground states give more latitude to individuals who reasonably feared harm. Even in these states, the reasonableness of the fear is always subject to scrutiny when there is a major size disparity.

Self Defense Laws When Attacked by a Woman

Self-defense laws when attacked by a woman are the same laws that apply in any other physical confrontation. No state has a separate legal standard for being attacked by a woman.

The substantive self-defense rules come from state statutes, which vary primarily along two dimensions: whether the state has a stand-your-ground law or requires a duty to retreat, and how the state defines the proportionality threshold for deadly versus non-deadly force.

In stand-your-ground states, a person who is in a place they have a legal right to be and who is not the aggressor may use force in self-defense without first attempting to retreat. This applies to confrontations with women just as it does to any other confrontation.

In duty-to-retreat states, a person must attempt to safely retreat before using force if retreat is possible. This rule also applies gender-neutrally. A man attacked by a woman in a duty-to-retreat state must first attempt to get away if he safely can before using defensive force.

Duty to retreat states (partial list): New York, Massachusetts, New Jersey, Connecticut, Delaware, Rhode Island, Hawaii, Maine, Maryland, Wisconsin

Stand your ground states (partial list): Florida, Texas, Alabama, Georgia, Arizona, Nevada, Oklahoma, Tennessee, Mississippi, Louisiana

In both categories, the right to defend against a woman’s attack exists. The difference is whether you must try to escape first or whether you can stand and defend without attempting retreat.

Stand Your Ground Laws and Women

Stand-your-ground laws eliminate the duty to retreat before using defensive force in the locations where they apply. These laws are gender-neutral and apply identically when the attacker is a woman.

Florida’s stand-your-ground statute, Florida Statutes Section 776.012, states that a person is justified in using force when they reasonably believe it is necessary to defend themselves against another’s imminent use of unlawful force. The statute makes no distinction based on the sex of the attacker.

Texas Penal Code Section 9.31 similarly provides that a person is justified in using force against another when and to the degree they reasonably believe force is immediately necessary to protect themselves. Texas law applies this standard regardless of the attacker’s gender.

Stand-your-ground statutes also typically provide immunity from civil lawsuits when the use of force was legally justified. This immunity applies when the defender was attacked by a woman just as it does in any other justified self-defense scenario.

Quick Facts on Stand Your Ground:

  • Applies in approximately 35 states as of 2026
  • Eliminates the duty to retreat before using defensive force
  • Gender-neutral application in all states that have it
  • Civil immunity from lawsuits often accompanies criminal immunity
  • Florida’s 2017 amendment shifted the burden of proof at immunity hearings to prosecutors

Duty to Retreat Self Defense

The duty to retreat is a legal requirement in certain states that says a person must attempt to safely escape a threatening situation before using defensive force. This duty applies equally when the attacker is a woman.

Duty-to-retreat states do not eliminate the right to self-defense. They add a condition: before using force, you must try to retreat if retreat is safely possible. If retreat is not safely possible because you’re cornered, pinned, or escape would put you at greater risk, the duty is satisfied and you may use defensive force.

New York Penal Law Section 35.15 illustrates the duty-to-retreat framework. Under New York law, a person may use physical force in self-defense, but may not use deadly physical force if they know they can retreat in complete safety. This requirement applies to all confrontations, including those involving female attackers.

The castle doctrine is an important exception to the duty to retreat. Most duty-to-retreat states include a castle doctrine provision, which eliminates the duty to retreat when you are in your own home. If a woman attacks you in your home, you generally are not required to retreat before defending yourself even in duty-to-retreat states.

StateDuty to Retreat?Castle Doctrine?Key Statute
New YorkYesYes (in home)Penal Law 35.15
MassachusettsYesYes (in home)GL Chapter 278
New JerseyYesYes (in home)NJSA 2C:3-4
FloridaNo (stand your ground)YesFS 776.012
TexasNo (stand your ground)YesTPC 9.31
CaliforniaNo (stand your ground)YesPenal Code 198.5

Key Takeaway: Whether your state requires you to attempt retreat before using defensive force affects the legal analysis of any self-defense claim, including those involving female attackers. In stand-your-ground states, you can defend in place. In duty-to-retreat states, you must try to escape first unless you’re in your home or retreat is unsafe.

Self Defense Laws by State

Self-defense laws vary by state along several key dimensions, and those variations affect how courts evaluate claims of defensive force against women and anyone else. The major variables are stand-your-ground versus duty-to-retreat, the definition of deadly force, and the burden of proof at trial.

The standard for what constitutes a valid self-defense claim is broadly consistent across states: imminent threat, reasonable belief, and proportionate response. But how states handle the procedural aspects of self-defense differs significantly.

StateStand Your Ground?Burden of ProofSelf-Defense Immunity?Key Statute
FloridaYesProsecutor must disproveYes, criminal and civilFS 776.012
TexasYesProsecutor must disproveYesTPC 9.31
CaliforniaNo (but no SYG)Prosecutor must disproveNo specific immunityPenal Code 198.5
New YorkNo (duty to retreat)Prosecutor must disproveNoPenal Law 35.15
OhioYes (since 2021)Prosecutor must disproveYesORC 2901.05
IllinoisNoDefendant must raise claimNo specific immunityILCS 720-5/7-1

Ohio is worth noting specifically. Ohio Revised Code Section 2901.05 was amended in 2021 to shift the burden of proof in self-defense cases from the defendant to the prosecution. Ohio prosecutors must now disprove self-defense beyond a reasonable doubt once the defendant raises the claim. This change applies to all self-defense claims, including those involving female attackers.

The state-by-state variation means that the same self-defense scenario can have very different legal outcomes depending on where it occurs. In Florida with stand-your-ground and immunity, a justified defense against a woman could result in charges being dropped at a pretrial immunity hearing. In New York with duty-to-retreat, the same scenario could result in assault charges if the jury finds retreat was safely possible.

Self Defense vs Assault When Hitting a Woman

When a person hits a woman and claims self-defense, the legal question is whether the conduct was a justified act of self-defense or an unjustified criminal assault. These two outcomes rest on the same facts, evaluated through different legal lenses.

Self-defense is an affirmative defense. This means the person who used force admits they hit the other person but argues the act was legally justified. The prosecution does not have to prove the person did not act in self-defense; rather, once the defendant raises self-defense as a claim, prosecutors in most states must disprove it beyond a reasonable doubt.

Assault, by contrast, is the crime of intentionally causing or attempting to cause physical injury to another person without legal justification. If the jury or judge finds that the force used against a woman was not legally justified, the same act that the defendant calls self-defense becomes assault in the eyes of the law.

The line between the two:

  • Self-defense: Force was necessary, proportionate, and in response to an imminent threat
  • Assault: Force was excessive, unprovoked, retaliatory, or not responding to an imminent threat
  • Imperfect self-defense: Defendant honestly but unreasonably believed force was necessary (recognized in some states as a partial defense that reduces charges)

Imperfect self-defense is recognized in California, Maryland, and several other states. It applies when a person genuinely believed they needed to defend themselves but that belief was unreasonable. Rather than full acquittal, imperfect self-defense can reduce a murder or aggravated assault charge to a lesser offense.

Self Defense Charges If You Hit a Woman

If you hit a woman and your self-defense claim is rejected, you face the same criminal charges as any other person who commits an unjustified assault. The gender of the victim does not create a separate category of charges.

The specific charges depend on the severity of the harm caused, the circumstances of the incident, and the state where it occurred. Common charges when a self-defense claim fails:

  • Simple Assault or Battery: Applicable when minor physical contact occurred. Class A or B misdemeanor in most states. Maximum penalties typically range from 90 days to one year in jail.
  • Assault Causing Bodily Injury: Applicable when the victim suffered physical harm. Felony or misdemeanor depending on the state and severity. Penalties range from one to five years.
  • Aggravated Assault: Applicable when serious bodily injury resulted or a weapon was used. Typically a felony with penalties ranging from two to ten years or more.

Some states add enhancement to charges when the victim is a woman. Domestic violence enhancements apply in intimate partner situations, which can increase penalties significantly even if the relationship is casual rather than romantic in some states’ definitions.

Bold callout: In Texas, assault causing bodily injury is a Class A misdemeanor punishable by up to one year in jail and a $4,000 fine. If the victim sustains serious bodily injury, the charge escalates to aggravated assault, a second-degree felony with two to twenty years in state prison.

Penalties for Hitting a Woman in Self Defense

If a self-defense claim is rejected by a court and the act of hitting a woman results in a criminal conviction, penalties vary based on the resulting charge classification and the state where the incident occurred.

Minor assault or battery convictions typically result in misdemeanor penalties: fines, probation, mandatory anger management programs, and potentially short jail sentences. More serious assault convictions that result in significant injury carry felony penalties with substantial prison time.

ChargeClassificationTypical Penalty RangeExample State
Simple assault/batteryMisdemeanorUp to 1 year jail, finesMost states
Assault causing bodily injuryMisdemeanor or Felony1 to 5 yearsTexas, California
Aggravated assaultFelony2 to 20 yearsFlorida, Texas
Assault with deadly weaponFelony3 to 25 yearsCalifornia, New York
Domestic violence assaultMisdemeanor to FelonyEnhanced penaltiesAll states

Domestic violence laws apply when the parties have a qualifying relationship. In most states, this includes spouses, former spouses, dating partners, cohabitants, and co-parents. A rejected self-defense claim in a domestic context carries domestic violence charge enhancements that can significantly increase penalties and create collateral consequences including loss of firearm rights under federal law (18 U.S.C. 922(g)(9)).

The practical reality is that a rejected self-defense claim results in a criminal record. Even a misdemeanor conviction for hitting a woman creates lasting consequences: employment background check disclosures, professional licensing issues, immigration consequences for non-citizens, and in domestic violence cases, mandatory loss of the right to possess firearms.

Key Takeaway: When a self-defense claim against a woman fails in court, the resulting criminal charges and penalties are identical to any other unjustified assault charge. The severity depends on the harm caused and the state, ranging from misdemeanor fines to felony prison sentences.

Can a Woman Claim Self Defense Against a Man?

Yes, a woman can absolutely claim self-defense against a man. The right to self-defense applies to everyone regardless of gender, and women frequently and successfully raise self-defense claims in US courts.

Women facing physical attacks from men have the same legal rights to defend themselves as anyone else. The same elements apply: imminent threat, reasonable belief, proportionality, and non-aggressor status. Courts evaluate these elements the same way regardless of the defender’s gender.

One area where courts have developed specific doctrine involving women’s self-defense is the “battered woman syndrome” defense, now more broadly referred to as “intimate partner violence” evidence. Several states allow evidence of a pattern of abuse to explain why a woman who killed or injured an abusive partner may have had a reasonable belief of imminent threat even when the abuser was not actively attacking at the precise moment of the defensive act.

This doctrine, recognized in states including California, Ohio, Minnesota, and others, does not create a gender-specific right to self-defense. Rather, it allows context about the ongoing threat that a person living with an abusive partner faces to inform the reasonableness analysis.

  • Standard self-defense elements: Apply equally to women defending against men
  • Intimate partner violence evidence: Allowed in many states to establish reasonableness
  • Proportionality: A woman using a weapon against an unarmed man may be justified if size disparity made unarmed defense inadequate
  • Stand-your-ground and duty-to-retreat: Apply to women exactly as they apply to men

The gender-neutral nature of self-defense law runs in both directions. Women have the same right to defend against men that men have to defend against women. The legal analysis is always about threat, reasonableness, and proportionality.

Frequently Asked Questions

Can a man legally hit a woman in self-defense?

Yes, a man can legally hit a woman in self-defense when the legal requirements are met.
Self-defense law in all 50 US states is gender-neutral and does not prohibit defensive force based on the attacker’s sex.
The man must have faced an imminent threat, reasonably believed force was necessary, and used proportionate force.
Courts evaluate the circumstances, including physical size differences, to assess whether the response was proportionate to the actual threat.

Does gender matter in self-defense law in the United States?

Gender is not a legal factor in determining whether self-defense is justified in any US state.
The law evaluates the threat, the reasonableness of the defender’s belief, and the proportionality of the force used.
Gender can indirectly affect the proportionality analysis when there is a significant physical size disparity between the parties.
Courts look at the actual danger posed, not the sex of the person posing it.

What happens if you hit a woman and claim self-defense?

The case will be evaluated under the same legal framework as any other self-defense claim.
Police, prosecutors, and if necessary a jury will assess whether you faced an imminent threat, whether your belief was reasonable, and whether your force was proportionate.
If your claim is accepted, you will not be convicted of any crime related to the incident.
If your claim is rejected, you face the same assault or battery charges that would apply to any unjustified use of force.

Is hitting a woman in self-defense treated differently in court?

Legally, hitting a woman in self-defense is evaluated under the exact same legal standards as any other self-defense claim.
In practice, juries may apply different social expectations to these cases, which can affect outcomes even when the legal standard is satisfied.
The physical disparity between the parties affects the proportionality analysis, but gender itself is not a legal factor.
The best protection is a clearly documented threat, witnesses, and evidence supporting that the force used was proportionate and necessary.

What is the penalty if a self-defense claim against a woman fails?

If a self-defense claim fails, the penalties depend on the charges and the state where the incident occurred.
Simple assault or battery convictions typically result in misdemeanor penalties with up to one year in jail and fines.
Assault causing serious bodily injury can be charged as a felony with penalties ranging from two to twenty years in prison.
Domestic violence enhancements apply when parties have a qualifying relationship, adding mandatory penalties and federal firearm restrictions under 18 U.S.C. 922(g)(9).

Self-defense law is gender-neutral, and understanding that fact is the foundation of any legal analysis involving force used against a woman. The actual legal question is always about threat, reasonableness, and proportionality.

Bookmark this page as a clear reference on how self-defense law actually works in the US. The rules are consistent and knowable, and knowing them matters long before any confrontation happens.

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