State v. MAURICE M.
State v. MAURICE M.
Opinion of the Court
Opinion
The defendant, Maurice M., appeals from the judgment of the trial court revoking his probation pursuant to General Statutes § 53a-32, following his arrest on a charge of risk of injury to a child in violation of General Statutes § 53-21 (a) (l).
The following facts and procedural history are relevant to our review of the defendant’s claims. On February 4,2004, the defendant was convicted of assault in the third degree and sentenced to one year incarceration, execution suspended, and three years probation. The
The record reveals that the following events led to the defendant’s arrest on November 26,2006. At approximately 11 a.m., Joseph Mortari was driving east on Main Street in East Windsor when he saw a pair of brown children’s shoes in the roadway near the center divider line. In an attempt to avoid running over the shoes, Mortari maneuvered his vehicle slightly to the right. As he did, he caught a glimpse of something white near the curb and, turning his full attention to it, realized that it was a small child dressed in a diaper climbing from the street to the curb. He slammed on his brakes, stopping his vehicle about three feet from the child. As this transpired, another vehicle traveling in the opposite direction also stopped. Donna Caldon exited that vehicle, driven by her husband, Peter Caldon, and retrieved both shoes from the street and the child, who was then on the curb. Mortari left his vehicle in the street, and he and Donna Caldon conversed momentarily. Mortari retrieved his vehicle, doubled back and met the Caldons in a parking lot. The three attempted to persuade the child to tell them his name or where he lived. The child would not respond. The three then decided to call the police.
Sergeant Michael Hannaford of the East Windsor police department arrived at the scene. After speaking with Mortari and the Caldons, Hannaford started going from house to house on Main Street in an attempt to
The defendant reported that the child was two years old. The defendant told Hannaford that he was the sole caretaker present in the home for the child and the child’s eight year old brother. The defendant told him that the child was playing with his eight year old brother in the house while the defendant was in the living room lying on the couch watching television. The living room was adjacent to the kitchen, where the back door was located, from which, the defendant concluded, the child had apparently exited the house. Hannaford observed that there were no child safety devices on the doorknobs on the back door. The defendant told Hannaford that at some point, the older child informed him that the two year old was missing. The defendant reported to Hannaford that he then searched the house for the missing child and eventually made his way outside where he and the child were reunited. During Hanna-ford’s interview with the defendant, the children’s grandparents arrived at the home. Soon after, Hanna-ford arrested the defendant on a charge of having violated § 53-21.
On October 19, 2007, the court, T. Sullivan, J., held a violation of probation hearing. Following the hearing, the court rendered judgment, finding that the defendant
I
The defendant first claims that § 53-21 (a) (1) is unconstitutionally vague as applied to his conduct. We do not agree.
We begin by setting forth the relevant legal principles. “The void for vagueness doctrine is a procedural due process concept that originally was derived from the guarantees of due process contained in the fifth and fourteenth amendments to the United States constitution. The Connecticut constitution also requires that statutes with penal consequences provide sufficient notice to citizens to apprise them of what conduct is prohibited. . . . The constitutional injunction that is commonly referred to as the void for vagueness doctrine embodies two central precepts: the right to fair warning of the effect of a governing statute or regulation and the guarantee against standardless law enforcement. ... If the meaning of a statute can be fairly ascertained a statute will not be void for vagueness since [m]any statutes will have some inherent vagueness, for [i]n most English words and phrases there lurk uncertainties. . . . For statutes that do not implicate the especially sensitive concerns embodied
“In challenging the constitutionality of a statute, the defendant bears a heavy burden. To prevail on his vagueness claim, [t]he defendant must demonstrate beyond a reasonable doubt that the statute, as applied to him, deprived him of adequate notice of what conduct the statute proscribed or that he fell victim to arbitrary and discriminatory enforcement. . . . The proper test for determining [whether] a statute is vague as applied is whether a reasonable person would have anticipated that the statute would apply to his or her particular conduct. . . . The test is objectively applied to the actor’s conduct and judged by a reasonable person’s reading of the statute . . . .” (Citation omitted; internal quotation marks omitted.) Id., 562.
If the language of a statute fails to provide definite notice of prohibited conduct, “fair warning can be provided by prior judicial opinions involving the statute”; State v. George, 37 Conn. App. 388, 390, 656 A.2d 232 (1995); or “by an examination of whether a person of ordinary intelligence would reasonably know what acts are permitted or prohibited by the use of his common sense and ordinary understanding.” (Internal quotation marks omitted.) State v. Edelman, 64 Conn. App. 480, 485, 780 A.2d 980 (2001), appeal dismissed, 262 Conn. 392, 815 A.2d 104 (2003).
Section 53-21 (a) provides in relevant part that “[a]ny person who (1) wilfully or unlawfully causes or permits any child under the age of sixteen years to be placed in such a situation that the life or limb of such child is endangered . . . shall be guilty of a class C felony
In the present case, the record reveals that during the events in question, the defendant was solely responsible for the care of his minor sons and that during this time, the defendant was watching television on the couch in the living room while his sons played in a different part of the house. The defendant was aware that the back door of his home was not secured so as to prevent egress by a toddler. The defendant left the children unsupervised long enough for the two year old child to exit the home without the defendant’s knowledge and to walk at least 100 feet away from the home into a busy street where he was nearly struck by a vehicle. The defendant was only made aware that the two year old child was missing when the eight year old child notified the defendant that he could not find his younger
The defendant, relying heavily on State v. Scruggs, supra, 279 Conn. 698, argues that he did not have notice that his conduct fell within the scope of § 53-21 (a) (1). In Scruggs, our Supreme Court reversed the defendant’s conviction of risk of injury to a child for keeping a cluttered and unclean residence, which was alleged to have wilfully caused her son to commit suicide. The Scruggs court found that the trial court should have applied an objective standard in determining whether the defendant had notice that her conduct fell within the scope of § 53-21 (a) (1) because, although the defendant reasonably could have been aware of the poor condition of her home, she reasonably could have believed that her conduct was within an acceptable range of risk. The Supreme Court reasoned that “the intent requirement of § 53-21 (a) (1), which, on its face, requires the state to prove only that the defendant had the general intent to commit an act that was likely to injure the health of a child, would be unconstitutionally vague as applied to otherwise lawful conduct that no reasonable person could have known to have posed such a threat.” (Emphasis added.) Id., 712. The court concluded that the defendant could not have known that the condition of her home, which was otherwise lawfully maintained, was so squalid that it posed a risk of injury to the mental health of a child within the meaning of § 53-21 (a) (1).
The defendant contends that the present case is akin to Scruggs because his conduct, like that of the Scruggs defendant, was otherwise lawful. He further asserts that under Scruggs, when the defendant’s behavior is otherwise lawful, the state must show that the defendant either intended the resulting injury to the victim, knew the injury would occur or acted in reckless disregard of the consequences.
Additionally, we find that the defendant had judicial notice that his conduct did not escape the reach of § 53-21 (a) (1). Our case law has interpreted § 53-21 (a) (1) as criminalizing conduct that amounts to deliberate indifference to, the acquiescence in or the creation of situations inimical to a young child’s physical welfare. See id., 713. Our Supreme Court has recognized that “§ 53-21 (a) (1) is broadly drafted and was intended to apply to any conduct, illegal or not, that foreseeably could result in injury to the health of a child.” Id., 724-25. Moreover, we have noted that “[p]rior cases have held that a defendant who knowingly fails to provide for the protection of a child when that child is under the care of the defendant creates a situation that endangers the physical well-being of the child and, thus, falls with the ambit of the statute.” State v. Branham, 56
Additionally, adequate warning that one’s conduct falls within the scope of a statute “can be provided by an examination of whether a person of ordinary intelligence would reasonably know what acts are permitted or prohibited by the use of his common sense and ordinary understanding.” (Internal quotation marks omitted.) State v. Edelman, supra, 64 Conn. App. 485. “Common sense and experience inform us that young children are inquisitive and impulsive.” State v. Padua, supra, 273 Conn. 159. Thus, common sense would put a reasonable person on notice that allowing a young child to play unsupervised in a house with an unsecured back door permitted a dangerous situation to arise that posed a risk of injury to that child. We conclude, therefore, that § 53-21 (a) (1) is not unconstitutionally vague as applied to the defendant’s conduct.
The defendant next claims that the court improperly-applied a general intent or negligence standard to § 53-21. Additionally, the defendant argues that because his conduct was not otherwise unlawful, the court had to find that to violate the statute, he knew the injury would occur, he intended the injury or he demonstrated a reckless disregard of the consequences.
Whether the court applied the proper standard to § 53-21 presents a question of law that warrants plenary review. When our review is plenary, “we must determine whether [the court’s legal conclusions] are legally and logically correct and whether they find support in the facts set out in the court’s [ruling] . . . .” (Internal quotation marks omitted.) State v. Kimble, 106 Conn. App. 572, 579, 942 A.2d 527, cert. denied, 287 Conn. 912, 950 A.2d 1289 (2008).
The following additional facts assist our review of the defendant’s claim. At the probation revocation hearing, the court found that the defendant should have been aware that the circumstances at his home presented a dangerous situation. The court stated: “This was a problem that he knew or should have known existed. It was his house. He lived in the house. He knew that there was no lock on the door. He knew that there was no fence around it, as evidenced by the fact that there is now a fence around the back door. And he knew or should have known that a child could easily get out under those circumstances.” The court further stated that the defendant’s child “had to go right across that road under circumstances that should never have been allowed to exist. And that was a dangerous situation.”
The defendant notes that the court appeared to have applied a general intent or negligence standard to § 53-21 (a) (1), when it stated that the defendant “knew or should have known” that the back door of his house
As our Supreme Court has observed, risk of injury to a child is a general intent crime. See, e.g., State v. McClary, 207 Conn. 233, 240, 541 A.2d 96 (1988); State v. Reid, 85 Conn. App. 802, 809-10, 858 A.2d 892, cert. denied, 272 Conn. 908, 863 A.2d 702 (2004). “[I]t is not necessary, to support a conviction under § 53-21, that the [accused] be aware that his conduct is likely to impact a child younger than the age of sixteen years. Specific intent is not a necessary requirement of the statute. Rather, the intent to do some act coupled with a reckless disregard of the consequences ... of that act is sufficient to [establish] a violation of the statute.” (Internal quotation marks omitted.) State v. Sorabella, 277 Conn. 155, 173, 891 A.2d 897, cert. denied, 549 U.S. 821, 127 S. Ct. 131, 166 L. Ed. 2d 36 (2006).
In the present case, the court found that the defendant was watching television instead of fulfilling his duty to watch his young children. The court concluded that the defendant’s failure to supervise his young children adequately, despite his knowledge that his back door was not secure, thereby making the busy street
Ill
The defendant next claims that the court based its finding that he violated his probation on insufficient evidence. Specifically, the defendant argues that the state failed to prove by a preponderance of the evidence that his conduct amounted to a reckless disregard of the consequences. We disagree.
As a preliminary matter, we set forth the legal principles and the standard of review pertinent to our discussion. “[A] probation revocation hearing has two distinct components. . . . The trial court must first conduct an adversarial evidentiary hearing to determine whether the defendant has in fact violated a condition of probation. ... If the trial court determines that the evidence has established a violation of a condition of probation, then it proceeds to the second component of probation revocation, the determination of whether the defendant’s probationary status should be revoked. . . . Since there are two distinct components of the revocation hearing, our standard of review differs depending
The defendant’s claim that the court did not have sufficient evidence to support its finding that he committed the offense of risk of injury to a child pertains to the first component of the revocation hearing. “In a probation revocation proceeding, the state bears the burden of proving by a fair preponderance of the evidence that the defendant violated the terms of his probation. ... As a reviewing court, we may reverse the trial court’s initial factual determination that a condition of probation has been violated only if we determine that such a finding was clearly erroneous. ... A finding of fact is clearly erroneous when there is no evidence to support it ... or when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed. ... In making this determination, every reasonable presumption must be given in favor of the trial court’s ruling . . . .” (Citation omitted; internal quotation marks omitted.) Id., 51-52.
“In order to establish the crime of risk of injury to a child under the situation prong of § 53-21 (a) (1), the state must prove that the defendant wilfully or unlawfully caused or permitted a child under the age of sixteen years to be placed in a situation where the life or limb of the child was endangered, the health of the child was likely to be injured, or the morals of the child were likely to be impaired. Conduct is wilful when done purposefully and with knowledge of [its] likely consequences. ... A defendant’s failure to act when under a duty to do so, which causes a dangerous situation to exist or continue, may be sufficient to support a conviction under § 53-21 (a) (1).” (Citation omitted; emphasis in original; internal quotation marks omitted.) State v. Na’im B., 288 Conn. 290, 297, 952 A.2d 755
In support of his claim that his conduct was not reckless, the defendant maintains that, while inside his house, he lost sight of his two year old child for a few minutes while the child was playing in the house with his eight year old sibling. According to the defendant, he immediately began searching for the child once he knew that the child was missing.
Contrary to the defendant’s characterization of the facts, the court found that “[o]n the day and time in question, [the defendant] was in his house with the child, who was playing with another slightly older child. [The defendant] knew or should have known that neither the back door nor the back screen door of his house had a lock
“The defendant was the only adult in the house at the time of the incident, and, as the child’s father, he was solely responsible for the care and safety of his child. He was under a duty to protect the child but
The state offered evidence that the defendant’s two year old child was left unattended long enough so that he was able to exit his home unnoticed through an unsecured back door and walk more than 100 feet away to a busy street, where he was almost hit by a truck, and later questioned by concerned drivers who found him alone, in only a diaper, by the side of the street. The court concluded that the testimony of the witnesses established that the defendant had violated the terms and conditions of his probation by permitting a situation that posed a risk of injury to a child. Having carefully reviewed the record, we conclude that that court’s conclusion was not clearly erroneous.
Under Connecticut law, parents have a common-law duty to protect their children. See State v. Miranda, 274 Conn. 727, 779, 878 A.2d 1118 (2005). A defendant’s failure to act when under a duty to do so, thereby permitting a dangerous situation to exist or continue, or a defendant’s deliberate indifference to a dangerous situation that poses a risk of injuiy to a child, may be sufficient to support a conviction under the situation prong of § 53-21 (a) (1). See State v. Na’im B., supra, 288 Conn. 297; see also State v. Scruggs, supra, 279 Conn. 713. Thus, the defendant was under a clear duty to protect his children by providing a safe and secure home environment. Sufficient evidence was presented to show that the defendant breached that duty when he failed to supervise his children even though he was aware that the back door to his home was not secure.
We further note that “[re]cklessness involves a subjective realization of that risk and a conscious decision to ignore it. . . . It does not involve intentional conduct because one who acts recklessly does not have a
Additionally, in Branham, this court determined that when children are left unattended, the trial court may infer that the children are at risk of likely injury to their health. See State v. Branham, supra, 56 Conn. App. 398. We concluded that “the jury reasonably could infer that the children, ages three and one-half, two and one, were seriously at risk of likely injury to their health or that their lives or limbs were endangered when they were left unattended in the apartment. There was sufficient evidence for the jury to conclude beyond a reasonable doubt that the physical well-being of the children was put at risk when the defendant left them in a dangerous situation, i.e., alone in the apartment, thereby exposing them to injury.” Id., 398-99. Although the present case is distinguishable from Branham because the defendant did not leave his children home alone, the scope of § 53-21 (a) (1) foreseeably extends to a parent whose inattention is so great that his two year old child is able to leave the house unnoticed and remain outside unsupervised for twenty minutes.
The evidence was sufficient to show that the defendant’s failure to supervise his children adequately, despite his knowledge that the back door of his home
IV
The defendant’s final claim is that the court abused its discretion by revoking his probation and committing him to the custody of the commissioner of correction for the unexecuted portion of his original one year sentence. Specifically, the defendant argues that his case was based on deficient parenting skills that he had since corrected through remedial measures; thus, he did not pose a risk to the safety of the public.
We have explained that “[a] revocation of probation hearing has two distinct components and two purposes. A factual determination by a trial court as to whether a probationer has violated a condition of probation must first be made. ... If a violation [of probation] is found, a court must next determine whether probation should be revoked because the beneficial aspects of probation are no longer being served. ... On the basis of its consideration of the whole record, the trial court may continue or revoke the sentence of probation . . . [and] . . . require the defendant to serve the sentence imposed or impose any lesser sentence. ... In making this second determination, the trial court is vested with broad discretion.” (Internal quotation marks omitted.) State v. Bouteiller, supra, 112 Conn. App. 53.
Therefore, we must now determine whether the court abused its discretion in revoking the defendant’s original sentence. “In determining whether there has been an abuse of discretion, every reasonable presumption
“Our determination of whether the trial court abused its discretion in revoking the defendant’s probation is guided by the following principles. We previously have recognized that [t]o a greater or lesser degree, it is always true of probationers . . . that they do not enjoy the absolute liberty to which every citizen is entitled, but only . . . conditional liberty properly dependent on observance of special [probation] restrictions. . . . These restrictions are meant to assure that the probation serves as a period of genuine rehabilitation and that the community is not harmed by the probationer’s being at large. . . .
“A revocation proceeding is held to determine whether the goals of rehabilitation thought to be served by probation have faltered, requiring an end to the conditional freedom obtained by a defendant at a sentencing that allowed him or her to serve less than a full sentence. . . . [T]he ultimate question [in the probation process is] whether the probationer is still a good risk .... This determination involves the consideration of the goals of probation, including whether the probationer’s behavior is inimical to his own rehabilitation, as well as to the safety of the public.” (Citation omitted; internal quotation marks omitted.) Id., 54-55.
At the dispositional phase of the defendant’s revocation of probation proceeding, the state offered evidence that the defendant previously had violated his probation in February, 2005, following an arrest on a charge of breach of the peace in the second degree; however,
The defendant argued that the present violation was based on a challenge to his parenting skills, an offense that stood in stark contrast to his criminal history, which involved breach of the peace, assault and sale of narcotics. The defendant noted that the department of children and families (department) permitted him to remain in the house with his children while there was a neglect petition pending that was pretried before the trial court, Teller, J. The department, however, had not accepted Judge Teller’s recommendation that the neglect petition be withdrawn. The defendant also noted that he completed a parenting education class, obtained child safety devices for the back door of his home and raised a fence in the backyard in an effort to provide a safer home environment for his children.
At the conclusion of the proceeding, the court considered the defendant’s lengthy criminal history, noting that the defendant previously had violated probation in 1995, served a two year sentence for robbery and assault in 1997 and serve a one year sentence for assault in 1999. The court considered the remedial measures that the defendant took to make his home safer, noting that a young child could easily get through the fence that the defendant had erected. The court also considered the defendant’s present probation violation, noting that “[the defendant] knew that there was no lock on the door. He knew that there was no fence around it, as evidenced by the fact that there is now a fence around
The defendant contends that the remedial measures that he took, including his parenting skills class and installation of child safety devices and a fence at his home, demonstrated his rehabilitation as a parent. He suggests that the court should have inferred from the department’s decision to permit him to remain in his home with his children that the conditions of the home did not pose an immediate threat to his children. He also claims that because his pending cases were arrests as opposed to convictions, they should not have been considered at the proceeding.
Our review of the record reveals that the court did not abuse its discretion in revoking the defendant’s probation. In concluding that the beneficial effects of probation were no longer being served and that the defendant’s probation should be revoked, the court properly considered evidence of the defendant’s long criminal history, which included a violation of probation in 1995, convictions of robbery and assault, and pending charges of sale of narcotics, robbery, assault
The judgment is affirmed.
In this opinion ROBINSON, J., concurred.
General Statutes § 53-21 (a) provides in relevant part: “Any person who (1) wilfully or unlawfully causes or permits any child under the age of sixteen years to be placed in such a situation that the life or limb of such child is endangered, the health of such child is likely to be injured or the morals of such child are likely to be impaired, or does any act likely to impair the health or morals of any such child . . . shall be guilty of a class C felony for a violation of subdivision (1) . . . of this subsection . . . .”
Standard conditions of probation are imposed on all probationers. The probationer must sign a form detailing these conditions, indicating that the probationer has read, understood and agreed to abide by them. See JD-AP-110 (Rev. May, 2000).
It is unclear from the record whether the defendant’s back door had locks or a screen door. Hannaford, the sole witness to testify about the condition of the back door, stated that there were no safety devices on the doorknobs to prevent a young child from opening the door. Regardless of whether the door actually had a lock, it is clear from the record that the door was not sufficiently secured to prevent a toddler from gaining passage through it. Additionally, the court’s other findings regarding the defendant’s failure to supervise his child and the child’s unimpeded access to the street are sufficient to support a finding that the defendant violated § 53-21 (a) (1).
Dissenting Opinion
dissenting. I respectfully disagree with the majority’s determination that “the [trial] court had before it sufficient evidence to support its finding, by a fair preponderance of the evidence, that the defendant [Maurice M.] committed the offense of risk of injury to a child” and, therefore, properly found that he had violated his probation.
The following is an excerpt of the court’s findings made during the adjudicatory portion of the violation of probation hearing that is relevant to the defendant’s claim.
“There are dangers in the house. And you are required under the law, if you’re going to take care of the child, to make sure that those dangers are minimized.
“There are risks in the house. And that’s why they have things called babyproofing houses. In this case, the child didn’t fall out the second story window, but
“The adult had no idea where [the child] was in the house, even though he was in the house for a period of time. Had no idea that [the child] had left the house. He left the house because he was able to do so. There was no lock on the door. And he managed to get himself into the middle of a highway as the result of that. That creates a risk of serious physical harm or injury to a child. And it’s not the child’s fault. And it’s not the . . . fault [of the child’s eight year old brother]. It’s [the defendant’s] fault. It’s his responsibility as a father and as a caregiver to make sure that that child is protected, [to] make sure that the child does not leave the house and go wandering around down the street where he didn’t know where he was.”
Later, during the second phase of the hearing, the court further stated: “The situation regarding [the defendant’s] parenting skills is unfortunate. But this is not a parenting skill problem. This was a problem that he knew or should have known existed. It was his house. He lived in the house. He knew that there was no lock on the door. He knew that there was no fence around it, as evidenced by the fact that there is now a fence around the back door. And he knew or should have known that a child could easily get out under those circumstances. It wasn’t simply that the child left the premises. He left the premises and nobody knew about it. [The defendant] didn’t know about it because he
In light of the prevailing standard of review, I am troubled by the court’s finding of fact that the defendant’s back door had no lock. Nowhere is this reflected in the evidence. The court referred to the testimony of Sergeant Hannaford as stating that there was no lock. A thorough review of his testimony reveals that he never testified as such.
Essentially, there are two main factual components supporting the court’s ruling: (1) the “accessibility” of the back door and (2) the lack of supervision of the child. The accessibility of the door, in trun, is largely, if not wholly, based on the erroneous finding that the door had no lock. Moreover, it is clear that the court based its finding that General Statutes § 53-21 (a) (1) had been violated on the finding that there was no lock on the back door or the screen door.
To prove a violation of probation on the basis of violation of § 53-21 (a) (1), the state had to establish, by a preponderance of the evidence, that the defendant wilfully or unlawfully caused or permitted a child under the age of sixteen years to be placed in such a situation that the life or limb of the child was endangered, the health of the child was likely to be injured or the morals of the child were likely to be impaired. The court expressly found by a preponderance of the evidence that the defendant, by engaging in the conduct it found he had engaged in, unlawfully placed the child in such a situation. It is clear that the court determined that the conduct that the defendant engaged in that established by a preponderance of the evidence that he violated § 53-21 (a) (1) was leaving the child unsupervised to play with another child under the circumstances that permitted the child to exit the home. Moreover, those circumstances that indicated a violation of the statute, according to the court, consisted exclusively of the determination that the back doors had no locks and that “[tjhis was a problem that [the defendant] knew or should have known existed.”
Although I conclude that this determination was clearly erroneous, the question remains whether there
Accordingly, respectful of the majority, I dissent. I would reverse the judgment of the trial court.
Preliminarily, because “[t]his court has a basic judicial duly to avoid deciding a constitutional issue if a nonconstitutional ground exists that will dispose of the case”; (internal quotation marks omitted) State v. Washington,
Hannaford’s complete testimony on the condition of the back door was: “I noticed that there was no safety devices on the doorknobs or such that, you know, one would normally do with young children to prevent them from opening the doors, et cetera.”
The court filed an articulation in response to a motion filed by the defendant. In it, the court stated: “[The defendant] knew or should have known that neither the back door nor the back screen door of his house had a lock or child safety device, thus permitting the child to be able to exit the house.” (Emphasis added.) It is obvious that the court perceived a distinction between locks and child safety devices. Nowhere, however, in its oral decision did the court make a finding that the door had no safety devices.
“The purpose of an articulation is to dispel any . . . ambiguity by clarifying the factual and legal basis upon which the trial court rendered its decision, thereby sharpening the issues on appeal. ... An articulation is
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