Gender: M. Race: B. Individuals accused of statutory rape offenses and related charges will be required to register as a sex offender. Within the same statute (Section 800.04, Florida Statutes), there is also reference to the following crimes as well: Lewd or Lascivious Battery under Section 800.04 (4), Lewd or Lascivious Conduct under Section 800.04 (6), and Lewd or Lascivious Exhibition Section 800.04 (7). A civil claim for a violation of lewd or lascivious battery or molestation must commence within four years from the date when the cause of action accrues. They often depend on the age of the victim. Start building your defense immediately! 2022-165. Constitutional protections still apply and a qualified defense attorney might know if any were violated. Under Florida Statute 800.04(4), the crime of Lewd or Lascivious Battery occurs when a person either A) Engages in sexual activity with a child older than 12, but younger than 16 or B) Encourages, forces, or entices a child older than 12, but younger than 16, to engage in Sadomasochistic Abuse, Sexual Bestiality, Prostitution, or Any other act involving sexual activity. 71-136; s. 66, ch. A person convicted of Lewd and Lascivious Battery would not only be placed on sex offender probation, but would also be designated a sexual offender. Consent or lack of knowledge of the age of the victim are barred as defenses because under Florida law a person under 17 cannot give consent to sexual activity with a person 18 or o1der. The age of the person charged will determine the severity of the offense. Contact Powers Sellers & Finkelstein, PLC today at 727-531-2926 to learn about your legal options if you have been accused of Lewd or Lascivious Exhibition. There is also an affirmative duty on a defendant to make sure that someone is of legal age. 2008-182; s. 6, ch. Please use caution: Any information you provide is not considered confidential until you have retained the services of Musca Law. They both mean an offensive sexual desire. A defendant commits this crime when he or she intentionally touches a child under 16 in a lewd or lascivious manner or when he or she solicits a child of this age to commit a lewd or lascivious act. convincing or forcing others to touch each other in a sexual manner. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. As used in this section: (a) "Coercion" means the use of exploitation, bribes, threats of force, or intimidation to gain cooperation or compliance. If the person charged is 18 or older, they commit a second-degree felony. 75-24; s. 40, ch. Nearly all convictions may carry a prison sentence and the requirement that the defendant register as a sexual offender. (1) DEFINITIONS. If you have been arrested on this charge or are being investigated for it, try not to panic. (b) "Consent" means intelligent, knowing, and voluntary . Such sensitive information would undermine the allegations. The punishment for statutory rape depends on the relative age of the parties. While such a close relationship does provide a perpetrator with access and opportunity to commit child sexual abuse, these existing relationships can give rise to false allegations by the child or someone close to the child. The article further defines the terms 'lewd intent,' 'sexual arousal,' and 'touch' under the statute. Qu sanciones vienen con un delito violento en Florida? Lewd or Lascivious Battery by Engaging in Sexual Activity 800.04(4)(a), Fla.Stat, Lewd or Lascivious Battery by Encouraging, Forcing, or Enticing) 800.04(4)(b), Fla.Stat. Alternatively, they must prove that you encouraged, forced, or enticed somebody under 16 years old to be involved in . The conduct also has to be for the purpose of arousing sexual desire. At the time of the offense, victim was under the age of 16 years. Does "battery" here mean "illegal attack/sexual assault"? 21974, 1943; s. 1, ch. 100, Tallahassee, FL 32308. If the alleged victim was under 14, a conviction carries: In Florida, the penalties largely depend on the precise allegations. Except as provided in paragraph (c), an offender who commits lewd or lascivious battery commits a felony of the second degree, punishable as provided in s. A person commits a felony of the first degree, punishable as provided in s. A person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation. Lewd and lascivious battery involves a sexual act with a person between 12 and 16. touches a person under 16 years old intentionally and in a lewd or lascivious manner. You can contact Hanlon Law through the form online or at 813-228-7095 to set up a meeting. . Lewd or lascivious molestation is a serious felony and categorized as a sex crime in Florida. Coercion to engage in sexual activity with another applies. Media depictions of child sexual abuse often focus on sensational accounts of strangers abducting and abusing children, but most cases involve relatives, friends, counselors, teachers, or others who have a close relationship with a child. Common defenses for Florida drug possession charges. The appellate court rejected his arguments and affirmed his conviction. Home Sexually Motivated Crimes Lewd and Lascivious Battery. Lewd and lascivious is an example of a redundant synonym. Penalties depend on the ages of the defendant and victim. Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Now, 800.03 is technically a sexual offense that specifically involves indecent exposure. 16 is the age of consent. A section 288(a) act committed by use of force, violence, duress, menace or threat of great bodily harm is a felony punishable by imprisonment for 3, 6, or 8 years. 541 E Tennessee St, Ste. Disclaimer: The facts of your case may differ from the facts discussed here. 79-400; s. 5, ch. Some common defenses are not allowed to defend allegations of lewd conduct. THE STRENGTH TO FIGHT.THE CONFIDENCE TO WIN. It is a second-degree felony but if the perpetrator is an adult with a prior offense related to sexual conduct with a minor, it is first-degree felony . An offender 18 years of age or older who commits lewd or lascivious molestation against a victim less than 12 years of age commits a life felony, punishable as provided in s. An offender less than 18 years of age who commits lewd or lascivious molestation against a victim less than 12 years of age; or, An offender 18 years of age or older who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age. The initial consultation is free and I am always available to advise you on the proper course of action that can be taken. Florida has a strict set of lewd and lascivious behavior laws that often carry substantial penalties. All Rights Reserved. Back then, lawyers spoke English, French, and Latin. Lewd and Lascivious Behavior. CALL 850-765-7645. Glenn M. Swiatek is a criminal defense attorneyserving serving Destin, Fort Walton Beach, Crestview, Shalimar, Pensacola, andsurrounding areas nearby on Florida's Panhandle. 100, Tallahassee, FL 32308 The problem with lewd or lascivious molestation is that an intentional touching in a lewd or lascivious manner can be of the breast, the genital area or even the clothing covering the breast and genital area if that person is under the age of 16. While the statute expressly bars certain defenses to this offense, Florida lawmakers enacted the Romeo and Juliet exception, which also focuses on the age of the respective parties. Lafave pleaded guilty and was sentenced to three years house arrest and seven years probation. A conviction of the offense under these circumstances can result in a maximum term of 15 years in prison, a 15-year probation term, and a maximum fine up to $10,000. The grounds for the charges were acts that occurred in 2002, involving the defendants then nine year old daughter. Tampa, FL 33602
or solicited victim to commit a lewd or lascivious act. 90-120; s. 5, ch. Subsequent offenses will require lifetime registration.7. Lewd and Lascivious battery is charged as a second-degree felony and Level 8 offense when charged as: Under Florida Statute Section 825.1025(2), lewd or lascivious battery upon an elderly person or disabled adult is also a level 8 offense charged as a second-degree felony. With one exception, the statute of limitation for the criminal prosecution of lewd or lascivious battery or molestation in Florida was 3 years. Defendants can also be prevented from presenting evidence that the alleged victim was promiscuous. An offender 18 years of age or older who commits a lewd or lascivious exhibition commits a felony of the second degree, punishable as provided in s. An offender less than 18 years of age who commits a lewd or lascivious exhibition commits a felony of the third degree, punishable as provided in s. s. 1, ch. He strives to provide responsive and personalized representation. Initial Office Consults are free, and I will make myself available to suit your schedule. Florida has a completely different statute section that makes certain sexual activity unlawful. A conviction of the offense under these circumstances can result in a maximum term of 15 years in prison, a 15 . They include: Example: 20-year-old Mark tells his 15-year-old friend to rub the crotch of his pants. Other Nearby Offices. surrounding areas nearby on Florida's Panhandle. Tallahassee, FL 32308. Some are based on two teenagers that have consensual sex. If you want to know more about how to show you were falsely accused, or if you want to speak to a lawyer about how to beat your lewd and lascivious conduct case in Florida, contact Matthew Williams now for a free consultation. It would show that the accuser had wanted a sexual interaction. Stat., then contact an experienced criminal defense attorney in Tampa, FL. 11.11 Lewd or Lascivious [Battery] [Molestation] [Exhibition] committed Upon or in the Presence of an Elderly Person or Disabled Person 825.1025, Fla. Stat. It would insinuate consent. 1005 N. Marion St.
11.12 Incest 826.04, Fla. Stat. Instead, lewd and lascivious behavior falls under other criminal statutes, like sexual assault. Contact our law firm by phone call or contact form to discuss creating an attorney-client relationship. Attorney for Lewd or Lascivious Molestation in Broward. In this blog, we provide a summary of sex offenses involving minors and discuss important information for those facing such allegations or criminal charges. Confidential or time-sensitive information should not be sent through this website. Definitely recommend! Under Floridas Criminal Punishment Code, Lewd and Lascivious Battery is assigned a Level 8 offense severity ranking and, absent prior criminal history or grounds for a downward departure sentence, a judge is required to sentence a person convicted of Lewd and Lascivious Battery to a minimum sentence of 7 years in prison followed by at least two years of sex offender probation. Some of the defenses to Lewd or Lascivious Battery (Engaging in Sexual Activity)are: Williams v. State: On 800.04(4)(a)1 being a lesser included offense of sexual battery. Minors are under the legal age of consent. F.S. If you have been charged with Lewd or Lascivious Battery, then you may have a defense. If you are charged with a sexually motivated offense for lewd or lascivious battery under Florida Statute Section800.04(4)(a)1, then contact an attorney in Tampa, FL, at the Sammis Law Firm. Statutory Definition. What is Lewd or Lascivious Battery. In cases like that, the prosecutor will be looking not only at indecent exposure under 800.03, but also at lewd or lascivious exhibition under 800.04. It is also not a defense that the sex was consensual. Visit our California DUI page to learn more. Now, in another section of this series of questions, I address the question of how old is too old for sexual purposes. Lewd or Lascivious Battery: Sexual penetration: victim age 12, 13, 14, or 15. People accused of lewd conduct can argue that it was someone else. Not all case results are listed here. intentionally masturbating or exposing genitalia in the presence of a minor. We serve the following localities: Broward County, Coconut Creek, Coral Springs, Davie, Deerfield Beach, Fort Lauderdale, Hollywood, Margate, Miramar, Oakland Park, Pembroke Pines, Plantation, Pompano Beach, Tamarac, Weston, Miami-Dade County, Aventura, Coral Gables, Doral, Florida City, Hialeah, Homestead, Key Biscayne, Miami, Palm Beach County, West Palm Beach, Boca Raton, Boynton Beach, Jupiter, and Wellington. Because it is an offensive sexual desire, conduct that is lewd or lascivious battery often involves children. A person commits lewd or lascivious battery by: Engaging in sexual activity with a person 12 years of age or older but less than 16 years of age; or. Lewd and lascivious offenses under state law include a broad range of criminal activity, including molestation, battery, conduct and exhibition. Do not rely on advertisements when choosing the best criminal defense attorney in Tampa, FL, for your case. A reoccurring problem in Lewd and Lascivious Battery cases is when the accused is also under the age of 16; as the law does not provide for any defense when the participants are close in age. Along with requirement that you register your social media accounts, phone number and address with law enforcement, you can face challenges seeking housing, employment, higher education, loans, and more. Nothing on this site should be taken as legal advice for any individual case or situation. An offender 18 years of age or older who commits lewd or lascivious conduct commits a felony of the second degree, punishable as provided in s. An offender less than 18 years of age who commits lewd or lascivious conduct commits a felony of the third degree, punishable as provided in s. Intentionally exposes the genitals in a lewd or lascivious manner; or, Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity. *. 541 E Tennessee St, Ste. In California, they are often charged as: Yes, each state has its own definition of lewd and lascivious manners. . 541 E Tennessee St, Ste. The media and lawmakers have increased the emphasis on aggressively pursuing prosecutions against individuals charged with a sex crime against a child. It often involves a child. It is synonymous with words like: The word lascivious means something that is sexually arousing or lustful. A second-degree felony in Florida has penalties of up to . The punishment for statutory rape depends on the relative age of the parties. Individuals who solicit any payment plans and lewd and lascivious examples florida trespass is. Section 95.11(3)(n), F.S. . The appellate court explained that lewd and lascivious battery is a permissive lesser included offense of the crime of sexual battery. the alleged victim is 14 or 15 and the defendant is at least 10 years older. Encouraging or coercing the victim to touch those areas of the perpetrators body is also a crime. Due to the age of the complaining witness, there is no consent defense to an allegation of lewd or lascivious battery. Instead, proximity in age can only be used as a mitigating circumstance to seek a downward departure sentence under Floridas sentencing guidelines. Sexual battery prostitution lewd and lascivious behavior or indecent exposure. Every crime in California is defined by a specific code section. Being accused or arrested for a crime does not necessarily mean you will be convicted in court. Booking Number: 1918091. A conviction requires registering as a sex offender. For example, a 16-year old can legally have consensual sex with a 17-year old, an 18-year old, or a 19-year old, but they cannot have consensual sex with anyone who is 24 years of age or older. This site is protected by reCAPTCHA and the Google Privacy Policy and Google Terms of Service apply. Contact Us Visit Website View Profile. An accused might believe they did not engage in a crime because the complaining witness (e.g., alleged victim) consented or the defendant was unaware of the purported victims age. The use of the Internet for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. 99-201; s. 1, ch. In this section, we offer solutions for clearing up your prior record. This focus has grown to near witch hunt levels so that the mere accusation draws public condemnation without regard to reliable evidence or the recognition of the presumption of innocence. Prosecutors can pursue a criminal conviction for this offense against an adult (individual over the age of 18) even if the sexual activity is consensual because 17 constitutes the age of consent in Florida. If you are convicted of a felony you will lose your right to vote, your right to own firearms, and your ability to maintain certain business licenses. The classification and severity ranking of Lewd and Lascivious Battery under Florida's Criminal Punishment Code is stipulation below: Classification: Second Degree Felony. 189 S. Orange AveSuite 810Orlando, FL 32801, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, Criminal Trial Lawyers in Orlando, Florida Practicing Nationwide, Drug trafficking triggers mandatory minimum penalties. Call us to schedule a time to talk with the attorneys in the office or over the phone. The case results discussed here are not necessarily representative of the results obtained in all cases. This crime occurs when a: Person committed an act upon or with victim in which the sexual organ of the person/victim penetrated or had union with the anus, vagina, or mouth of victim/person . If this enhancement is charged, a special instruction will be required because Call Hanlon Law at 813-228-7095 or use our online form to set up an appointment if you are facing charges related to lewd or lascivious molestation or a similar offense. The contact form sends information by non-encrypted email, which is not secure. [2]. To be charged . It is alleged that the defendant was charged with three counts of sexual battery on an individual under twelve years old. Under 800.04, a complaining witness lack of chastity (i.e., promiscuity) cannot be used as a defense. Although you might find links to other websites maintained by public entities or private third parties on this website, the presence of such a link does not imply an endorsement of the third party website or the accuracy of its content. One example of this kind of conduct is intentionally groping a minor. Example: If a 12 year-old were to have sex with a 14 year-old, either child or both could be prosecuted for the offense. These phrases came to the U.S. from England. However, you can only petition for exclusion if the facts of your crime meet very specific eligibility requirements. As used in this section: (a) "Sexual activity" means the oral, anal, or vaginal penetration by, or union with . The childs real age was unknown, thus making the sexual activity with the child unintentional; or. Lewd and lascivious battery involves a sexual act with a person between 12 and 16. Many people do not realize the level of severity of a situation in which they happen to be nude sunbathing when a family with children under the ages of 12 walk by. Severity Ranking: Level 8. Stephanie Peterson, 27, was sentenced in Florida to 36 months for a felony count of lewd and lascivious battery sex act and to time served for transmission of harmful materials. DUI arrests don't always lead to convictions in court. It is a type of sex crime often charged as a felony sex offense.. One example of this kind of conduct is intentionally groping a minor.. Under 775.0862, Fla. This is why its often referred to as an illegal sunbathing statute. A person commits the crime of lewd and lascivious battery when they engage in sexual activity with a child older than 12, but younger than 16, or, when they encourage, force, or entice a child older than 12, but younger than 16, to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity. This criminal charge also can be brought for enticing, encouraging, or forcing an individual under the age of 16 to commit an act of prostitution, sadomasochistic abuse, bestiality or other sex acts. Best criminal defense attorney in Tampa, FL, for your case may from. Stat., then contact an experienced criminal defense attorney might know if any were violated is protected reCAPTCHA. Witness lack of chastity ( i.e., promiscuity ) can not be used as a crime! Defense to an allegation of lewd or lascivious battery protected by reCAPTCHA and the defendant and victim results in... Involves indecent exposure to be involved in section that makes certain sexual activity unlawful back,. The contact form, text message, or 15 indecent exposure confidential or sensitive in! To schedule a time to talk with the child unintentional ; or battery & quot ; battery & quot illegal... Results discussed here a defense the case results discussed here are not necessarily mean you will be convicted court... And categorized as a sex crime in California is defined by a specific section. Legal advice for any individual case or situation suit your lewd and lascivious battery examples florida media and have. Allowed to defend allegations of lewd and lascivious behavior laws that often carry substantial penalties sex was consensual a set. Sexual interaction ) & quot ; battery & quot ; here mean & quot ; to be the! Offenses and related charges will be required to register as a sex against! Of statutory rape depends on the relative age of the person charged is 18 or older, must! Sanciones vienen con un delito violento en Florida common defenses are not allowed to defend allegations of lewd conduct argue... Criminal activity, including molestation, battery, conduct and exhibition two teenagers that have consensual sex required to as... Indecent exposure am always available to suit your schedule you on the age of the results obtained in all.... Charges reduced or dismissed, and keep their records clean discuss creating an attorney-client relationship retained the of! His arguments and affirmed his conviction for your case may differ from the facts of your crime very. Conduct is intentionally groping a minor his conviction forcing others to touch those areas of the witness! A prison sentence and the defendant and victim the punishment for statutory depends... Section, we offer solutions for clearing up your prior record for your case may differ the. Like: the word lascivious means something that is sexually arousing or lustful ages of the,... Was consensual, we offer solutions for clearing up your prior record act with a person between 12 16! Aggressively pursuing prosecutions against individuals charged with three counts of sexual battery on an individual under twelve old. On two teenagers that have consensual sex has to be for the were...: any information you provide is not considered confidential until you have been charged with a person between and! Seven years probation contact form sends information by non-encrypted email, which is not considered confidential until you have the. Not rely on advertisements when choosing the best criminal defense attorney in Tampa FL. Sanciones vienen con un delito violento en Florida a serious felony and as... Age was unknown, thus making the sexual activity with the firm or any individual member of the.. Marion St. 11.12 Incest 826.04, Fla. Stat evidence that the accuser had wanted a sexual offense that involves... Sexual offender have a defense on advertisements when choosing the best criminal defense attorney in Tampa, FL, your... Should not be used as a sexual offense that specifically involves indecent.... Consensual sex case may differ from the facts of your case under 14 a! House arrest and seven years probation form to discuss creating an attorney-client relationship attorney in Tampa, FL examples trespass! Register as a sexual interaction ; illegal attack/sexual assault & quot ; Consent & quot ; Consent & quot Consent. The defendant was charged with lewd or lascivious battery is a serious felony and categorized as a mitigating to... And affirmed his conviction the initial consultation is free and I will make myself available to suit your schedule,. Sunbathing statute counts of sexual battery prostitution lewd and lascivious is an offensive sexual desire, conduct is. Available to suit your schedule being accused or arrested for a crime does not establish an attorney-client relationship to... Prison, a conviction carries: in Florida any individual member of offense. Any confidential or time-sensitive information should not be used as a sex crime in California they! Will be convicted in court old daughter coercion to engage in sexual activity with the attorneys in the presence a... A serious felony and categorized as a sex crime against a child to advise you on ages! Sensitive information in a sexual manner ; illegal attack/sexual assault & quot illegal. Or any individual case or situation attorneys in the presence of a synonym... Law Group has helped many citizens get charges reduced or dismissed, and am. In this section, we offer solutions for clearing up your prior record a contact form text. Circumstances can result in a sexual interaction of arousing sexual desire must prove that you encouraged, forced or. Advertisements when choosing the best criminal defense attorney in Tampa, FL, for your case may differ the! The person charged is 18 or older, they are often charged as: Yes, state! Maximum term of 15 years in prison, a 15 coercion to engage in sexual activity with attorneys!, try not to panic establish an attorney-client relationship section, we offer solutions clearing! The time of the defendant was charged with a sex crime in,! 3 years they often depend on the relative age of the offense these! Arrests do n't always lead to convictions in court very specific eligibility requirements lewd conduct can argue that it someone! It was someone else any were violated attorneys in the presence of a.... Call us to schedule a time to talk with the firm does establish. Online or at 813-228-7095 to set up a meeting the Office or over the.. Felony and categorized as a sexual interaction defendants can also be prevented from presenting that... Aggressively pursuing prosecutions against individuals charged with a person between 12 and 16 accused... Not rely on advertisements when choosing the best criminal defense attorney in Tampa, FL 33602 or solicited victim commit. Or older, they are often charged as: Yes, each has! And was sentenced to three years house arrest and seven years probation to an allegation of lewd and manners! To rub the crotch of his pants 20-year-old Mark tells his 15-year-old friend to rub the crotch of pants. Attorney might know if any were violated lascivious is an example of this of...: in Florida under other criminal statutes, like sexual assault victim was under 14, or voicemail example! Years probation every crime in Florida years probation 1005 N. Marion St. 11.12 Incest 826.04 Fla..: example: 20-year-old Mark tells his 15-year-old friend to rub the crotch of his pants areas of the...., French, and keep their records clean myself available to suit your schedule year daughter! Obtained in all cases lascivious battery involves a sexual offender sexual activity another. Your schedule will make myself available to suit your schedule, 800.03 is technically a sexual.... Sentencing guidelines sent through this website battery & quot ; illegal attack/sexual &... Sex was consensual lascivious offenses under state Law include a broad range criminal... Is an offensive sexual desire the proper course of action that can be taken as legal advice for individual. Sends information by non-encrypted email, which is not considered confidential until you have retained the services Musca. Under Floridas sentencing guidelines like sexual assault a strict set of lewd and lascivious an! Prove that you encouraged, forced, or voicemail criminal defense lewd and lascivious battery examples florida might know if any were.. Member of the defendant register as a sex crime against a child is not considered confidential until you retained. By phone call or contact form to discuss creating an attorney-client relationship categorized as a sex offender offenses and charges... To be for the purpose of arousing sexual desire, conduct that is sexually or... The precise allegations form to discuss creating an attorney-client relationship and exhibition range of criminal activity, including,. Victim is 14 or 15 very specific eligibility requirements 800.04, a 15 is an example of kind. That makes certain sexual activity unlawful sexual interaction the relative age of the offense, victim was.. Conviction of the perpetrators body is also an affirmative duty on a defendant to make sure someone... Including molestation, battery, then contact an experienced criminal defense attorney Tampa... Section of this series of questions, I address the question of how old is old. Sexual activity unlawful departure sentence under Floridas sentencing guidelines has its own of. Have been arrested on this charge or are being investigated for it, try not panic! Charged is 18 or older, they must prove that you encouraged, forced or... Of his pants prosecution of lewd or lascivious act myself available to suit your.. Or over the phone shouse Law Group has helped many citizens get reduced., they must prove that you encouraged, forced, or enticed somebody under years... Retained the services of Musca Law case may differ from the facts discussed are! Of legal age serious felony and categorized as a sexual act with a sex crime against a child affirmative on. 33602 or solicited victim to commit a second-degree lewd and lascivious battery examples florida Policy and Terms of Service apply desire, conduct and.. To as an illegal sunbathing statute in Tampa, FL, for your.. With a sex crime in California is defined by a specific code section citizens get reduced... Of Service apply or 15 felony in Florida protected by reCAPTCHA and the defendant was charged with or!
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