This authorized idea sometimes includes knowingly having management over an merchandise acquired unlawfully by one other. For instance, buying a reduced tv recognized to be stolen from a warehouse constitutes such an offense. The particular statutes governing this offense differ by jurisdiction, influenced by elements equivalent to the worth of the property and the person’s intent.
Laws addressing this offense goals to discourage theft and the next commerce in stolen items, thereby defending property rights and selling lawful commerce. Traditionally, legal guidelines regarding this offense developed alongside ideas of property possession and legal accountability. Efficient enforcement of those statutes contributes to a safer and safer society. Understanding the nuances of those legal guidelines might help people keep away from unintentional violations.
Additional exploration of this topic will embody associated matters equivalent to legal intent, property valuation, and the potential authorized penalties of such actions. This examination may even delve into the variations between numerous jurisdictional approaches to those offenses.
1. Understanding Possession
Throughout the framework of Arizona Revised Statutes (ARS) associated to stolen property, the idea of “understanding possession” performs a vital position in figuring out culpability. This factor distinguishes between innocently holding stolen items and knowingly retaining them, a vital distinction in authorized proceedings. Understanding the sides of “understanding possession” is crucial for navigating the complexities of this space of regulation.
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Direct Data
Direct information implies possessing irrefutable proof of an merchandise’s stolen standing. This might contain witnessing the theft or receiving express affirmation from the thief or others. Direct information provides the clearest proof of culpability in possession circumstances.
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Circumstantial Data
Circumstantial information, usually more difficult to show, depends on inferring consciousness from the encompassing circumstances. Buying items at a considerably lowered worth from an unofficial vendor or possessing gadgets with eliminated serial numbers can elevate suspicion and recommend circumstantial information of illicit origins.
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Willful Blindness
Willful blindness, or deliberate ignorance, happens when a person deliberately avoids confirming suspicions about an merchandise’s stolen standing. Ignoring clear indicators of illicit origin to keep up believable deniability doesn’t negate culpability underneath ARS statutes associated to stolen property.
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Reasonableness Commonplace
The reasonableness customary examines whether or not an affordable particular person in the identical state of affairs would have suspected the property’s stolen nature. This customary considers goal elements and prevailing societal norms to evaluate whether or not ignoring potential crimson flags constituted understanding possession.
These sides of “understanding possession” display the complexity of figuring out culpability in circumstances involving stolen property underneath ARS. Whereas direct information gives the clearest proof, circumstantial information, willful blindness, and the reasonableness customary all contribute to establishing the required mens rea (responsible thoughts) for prosecution. Understanding these distinctions is vital for each authorized professionals and people looking for to navigate this space of regulation.
2. Stolen Property
The definition of “stolen property” kinds the cornerstone of “possession of stolen property” offenses underneath Arizona Revised Statutes (ARS). With out a clear understanding of what constitutes stolen property, prosecuting or defending towards such costs turns into considerably extra advanced. The authorized definition goes past mere theft; it encompasses property acquired by numerous illicit means, increasing the scope of those statutes.
A number of elements contribute to the classification of property as “stolen” underneath ARS. These embody:
- Precise Theft: This includes the illegal taking of property from one other, representing probably the most simple instance of stolen property. Examples embody shoplifting, housebreaking, and larceny.
- Embezzlement: This encompasses misappropriation of funds or property entrusted to a person’s care. A basic instance includes an worker diverting firm funds for private use.
- Fraud: Acquiring property by misleading practices constitutes fraud, including one other layer to the definition of “stolen property.” This may contain acquiring items by false pretenses or id theft.
- Obtained By means of Different Crimes: Property acquired in the course of the fee of different crimes, even when indirectly stolen, might also fall underneath this definition. For instance, a car utilized in a theft then deserted qualifies as stolen property.
The sensible significance of understanding these distinctions lies of their impression on authorized proceedings. The prosecution should set up the property’s “stolen” standing past an affordable doubt. The protection, conversely, may problem this standing based mostly on the particular circumstances of the property’s acquisition. The worth and nature of the stolen property affect the severity of the fees and potential penalties underneath ARS, making correct classification important for simply outcomes.
Moreover, the connection between the “stolen property” and the defendant’s possession have to be firmly established. Mere proximity to stolen items doesn’t robotically represent possession. The prosecution should display the defendant’s management over the property and information of its stolen nature, linking the 2 components successfully to safe a conviction. Conversely, difficult this connection kinds a core element of protection methods. Understanding the multifaceted nature of “stolen property” and its connection to possession underneath ARS proves essential for navigating the complexities of those authorized proceedings.
3. Management of Property
Throughout the authorized framework of “possession of stolen property” underneath Arizona Revised Statutes (ARS), the idea of “management of property” holds vital weight. Establishing “management” goes past mere bodily possession; it delves into the person’s energy and authority over the stolen merchandise, considerably impacting authorized outcomes. This exploration delves into the assorted sides of “management” and their implications in these circumstances.
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Unique Possession:
Unique possession signifies sole management over the property, excluding others from entry or use. Discovering stolen items in a locked compartment accessible solely to the defendant demonstrates unique possession. This strengthens the prosecution’s case considerably, because it instantly hyperlinks the person to the stolen merchandise.
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Constructive Possession:
Constructive possession happens when a person would not bodily possess the stolen property however exerts management over it by different means. As an illustration, having the important thing to a storage unit containing stolen items exemplifies constructive possession. This demonstrates dominion over the property, even with out bodily presence, making it a related consider authorized proceedings.
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Joint Possession:
Joint possession arises when a number of people share management over stolen property. This usually happens in organized theft rings or amongst co-conspirators. Establishing joint possession could be advanced, requiring proof of every particular person’s information and participation in controlling the stolen items. The prosecution should display a transparent hyperlink between every particular person and the shared management over the property.
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Non permanent Possession:
Non permanent possession, whereas not negating culpability, performs a job in figuring out the severity of the offense. Briefly holding a stolen merchandise, even with information of its illicit origin, may not carry the identical weight as long-term possession. Nonetheless, the particular circumstances, together with the intent behind the momentary possession and the actions taken throughout that interval, considerably affect authorized implications. This nuanced side requires cautious consideration inside the total context of the alleged offense.
These sides of “management of property” underscore the complexity of “possession of stolen property” circumstances underneath ARS. Establishing the extent and nature of management is essential for figuring out culpability. The prosecution should display the defendant’s particular relationship with the stolen property, showcasing the extent of management exercised. Conversely, difficult the prosecution’s assertions concerning management kinds a key factor of protection methods. Understanding these nuances is crucial for navigating the complexities of those authorized proceedings and guaranteeing simply outcomes based mostly on the particular information of every case.
4. Intent to Deprive
Throughout the authorized framework of “possession of stolen property” underneath Arizona Revised Statutes (ARS), “intent to deprive” stands as a vital element. This factor focuses on the possessor’s psychological state, particularly their function for holding the stolen merchandise. Mere possession, with out the intent to completely or indefinitely deprive the rightful proprietor of their property, may not fulfill the standards for this offense. This exploration delves into the connection between “intent to deprive” and “possession of stolen property ARS,” analyzing its significance and sensible implications.
Establishing “intent to deprive” usually depends on circumstantial proof. Actions equivalent to promoting the stolen property, altering its look to keep away from identification, or concealing it from authorities strongly recommend an intent to deprive. Conversely, promptly reporting discovered property to regulation enforcement or returning it to the rightful proprietor demonstrates a scarcity of such intent. Contemplate the next illustrative eventualities:
- State of affairs 1: A person finds a misplaced pockets and instantly turns it in to the native police station. Whereas technically possessing stolen property if the pockets was certainly stolen, the shortage of intent to deprive negates culpability underneath ARS statutes.
- State of affairs 2: A person purchases a considerably discounted merchandise understanding it was stolen. The act of buying, mixed with the information of its illicit origins, strongly signifies an intent to deprive the rightful proprietor. Additional actions, equivalent to eradicating figuring out marks or trying to resell the merchandise, additional solidify this intent.
The sensible significance of “intent to deprive” lies in its impression on authorized proceedings. Prosecutors should display this intent past an affordable doubt to safe a conviction. Protection methods usually revolve round difficult this factor, arguing that the defendant’s actions did not display a transparent intent to completely deprive the proprietor. The worth and nature of the stolen property, coupled with the defendant’s actions, all contribute to establishing the presence or absence of “intent to deprive.”
Understanding the advanced interaction between “possession” and “intent to deprive” is crucial for navigating the intricacies of stolen property circumstances underneath ARS. Whereas bodily management over stolen items constitutes a mandatory factor, the person’s psychological state concerning the supposed disposition of the property performs a pivotal position in figuring out guilt or innocence. This vital distinction shapes each prosecutorial methods and protection approaches, in the end impacting the end result of authorized proceedings associated to stolen property offenses.
5. Property Worth Thresholds
Throughout the framework of Arizona Revised Statutes (ARS) regarding possession of stolen property, property worth thresholds play a vital position in figuring out the severity of the offense. These thresholds delineate the boundaries between misdemeanor and felony costs, influencing potential penalties and authorized ramifications. Understanding these distinctions is crucial for navigating the complexities of this space of regulation.
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Misdemeanor Thresholds:
ARS designates particular financial values under which possession of stolen property constitutes a misdemeanor offense. These thresholds differ based mostly on the kind of property. For instance, possessing stolen property valued under a specific amount may be categorised as a category 1 misdemeanor, carrying much less extreme penalties than higher-value thefts. Exact thresholds are topic to vary and needs to be verified towards present ARS statutes.
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Felony Thresholds:
Possession of stolen property exceeding specified worth thresholds elevates the offense to felony standing. This shift signifies a extra critical crime, carrying considerably harsher penalties, together with substantial fines and imprisonment. The felony threshold, just like the misdemeanor threshold, varies based mostly on the kind of property concerned. This distinction underscores the significance of correct property valuation in figuring out the severity of the offense.
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Aggregation of Worth:
In circumstances involving a number of stolen gadgets, ARS permits for the aggregation of their particular person values to succeed in the felony threshold. Even when every merchandise individually falls under the felony threshold, their mixed worth can elevate the cost to a felony. This provision prevents people from circumventing felony costs by stealing a number of low-value gadgets. This side provides complexity to circumstances involving a number of stolen gadgets, requiring cautious consideration of the full worth concerned.
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Impression on Sentencing:
Property worth thresholds instantly impression sentencing pointers in possession of stolen property circumstances. Judges make the most of these thresholds, alongside different elements equivalent to legal historical past and aggravating circumstances, to find out acceptable sentences. Exceeding the felony threshold usually leads to extra extreme penalties. This connection between property worth and sentencing underscores the importance of correct valuation in guaranteeing simply and proportionate authorized outcomes.
The interaction between property worth thresholds and possession of stolen property underneath ARS demonstrates the nuanced nature of those offenses. Correct property valuation is essential for figuring out the severity of the cost and the potential penalties confronted by the accused. Understanding these thresholds and their implications is crucial for each authorized professionals and people looking for to navigate this space of regulation. Consulting up to date ARS statutes gives probably the most correct data concerning particular worth thresholds and related penalties.
6. Circumstantial Proof
Throughout the authorized framework of “possession of stolen property” underneath Arizona Revised Statutes (ARS), direct proof of understanding possession is just not all the time obtainable. Consequently, circumstantial proof continuously performs a vital position in establishing guilt. Circumstantial proof depends on inferences drawn from a collection of information, fairly than direct commentary of the crime itself. Understanding the appliance and limitations of circumstantial proof is crucial for navigating the complexities of those circumstances.
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Possession of Just lately Stolen Property:
Possessing lately stolen property, whereas not conclusive proof of guilt, creates a robust inference of understanding possession. The shorter the time-frame between the theft and the invention of the property within the defendant’s possession, the stronger this inference turns into. This issue usually serves as a cornerstone of the prosecution’s case, requiring the protection to supply a believable clarification for the possession.
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Suspicious Circumstances Surrounding Possession:
Suspicious circumstances accompanying possession, equivalent to inconsistent explanations for a way the property was acquired, false statements to regulation enforcement, or makes an attempt to hide the property, contribute considerably to the evidentiary weight towards the defendant. These circumstances, when mixed with different proof, can paint a compelling image of understanding possession, making it more difficult for the protection to refute the fees successfully.
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Inconsistent Explanations or False Statements:
Inconsistent explanations concerning the acquisition of the property or offering false data to investigators can function compelling circumstantial proof of guilt. Altering narratives or providing unbelievable accounts elevate suspicions and recommend an try to hide the property’s true origin. Such inconsistencies usually undermine the credibility of the defendant’s claims and strengthen the prosecution’s case.
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Makes an attempt to Conceal or Alter the Property:
Makes an attempt to hide or alter the property, equivalent to eradicating figuring out marks or repainting stolen autos, strongly recommend understanding possession. These actions point out an consciousness of the property’s illicit nature and a deliberate try and keep away from detection. Such efforts to obfuscate the property’s origin considerably bolster the prosecution’s arguments concerning understanding possession and intent to deprive.
The convergence of those circumstantial elements can set up a compelling case for “possession of stolen property” underneath ARS, even within the absence of direct proof. Whereas every bit of circumstantial proof may not be conclusive by itself, their mixed weight can lead a jury to deduce guilt past an affordable doubt. Understanding the importance and utility of circumstantial proof in these circumstances proves essential for each the prosecution and the protection in navigating the authorized intricacies and attaining simply outcomes.
7. Penalties and Sentencing
Penalties for possession of stolen property underneath Arizona Revised Statutes (ARS) differ considerably based mostly on a number of elements. The worth of the stolen property, the defendant’s legal historical past, and the presence of aggravating or mitigating circumstances all contribute to figuring out the suitable sentence. Understanding these elements and their interaction is essential for navigating the complexities of this space of regulation.
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Classification of Offense:
The classification of the offense, whether or not a misdemeanor or a felony, considerably influences the potential penalties. Misdemeanor offenses sometimes carry much less extreme penalties than felonies, which may contain substantial jail sentences and fines. The worth of the stolen property performs a key position in figuring out this classification, with larger values resulting in felony costs. This distinction underscores the significance of correct property valuation in figuring out the potential penalties of a conviction.
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Property Worth and Sentencing:
The worth of the stolen property instantly impacts the sentencing pointers inside every offense classification. Increased-value thefts usually lead to harsher sentences, even inside the similar classification. For instance, a category 4 felony involving property of great worth may lead to an extended jail sentence than a category 4 felony involving lower-value property. This correlation between worth and sentencing emphasizes the sensible significance of correct valuation in authorized proceedings.
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Aggravating and Mitigating Circumstances:
Aggravating circumstances, equivalent to prior convictions for comparable offenses or the involvement of weak victims, can improve the severity of the sentence. Conversely, mitigating circumstances, equivalent to a scarcity of legal historical past or cooperation with regulation enforcement, can doubtlessly scale back the sentence. These elements present the courtroom with a extra complete understanding of the offense and the defendant’s culpability, permitting for extra nuanced and individualized sentencing choices.
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Restitution:
Along with fines and imprisonment, courts can order restitution to compensate the sufferer for his or her losses. This requirement ensures that the sufferer receives monetary redress for the stolen property, selling a way of justice and accountability. The quantity of restitution is usually based mostly on the worth of the stolen property or the price of its alternative, guaranteeing that the sufferer receives truthful compensation for his or her loss.
These elements underscore the complexities of sentencing in “possession of stolen property” circumstances underneath ARS. Whereas statutory pointers present a framework, judges think about the particular circumstances of every case to find out an acceptable sentence. Understanding these elements and their potential impression is crucial for each authorized professionals and people concerned in such proceedings. Consulting with skilled authorized counsel is essential for navigating these complexities and guaranteeing that each one related elements are thought-about throughout sentencing.
8. Affirmative Defenses
Affirmative defenses in “possession of stolen property” circumstances underneath Arizona Revised Statutes (ARS) supply people accused of this crime a authorized avenue to claim innocence regardless of possessing stolen items. These defenses don’t deny the possession itself however present justifications that negate the culpability related to the act. Efficiently elevating an affirmative protection requires presenting ample proof to display the validity of the declare. This exploration examines the connection between affirmative defenses and “possession of stolen property ARS,” emphasizing the significance of those defenses as a vital element of the authorized course of.
A number of affirmative defenses pertain particularly to “possession of stolen property ARS.” One widespread protection includes demonstrating a lack of understanding concerning the property’s stolen nature. This requires presenting proof {that a} affordable particular person in the identical state of affairs wouldn’t have suspected the property’s illicit origins. For instance, buying a seemingly professional merchandise from a good retailer might help this protection, even when the merchandise later seems to be stolen. One other viable protection includes establishing that the person supposed to return the property to its rightful proprietor. Promptly reporting discovered property to regulation enforcement or taking demonstrable steps to find the proprietor can bolster this declare. These examples illustrate the sensible utility of affirmative defenses in real-world eventualities.
The sensible significance of understanding affirmative defenses lies of their potential to mitigate or eradicate authorized penalties. Efficiently elevating an affirmative protection can result in the dismissal of costs or a discount in sentencing. These defenses present vital protections for people who may in any other case face penalties for actions missing legal intent. Nonetheless, elevating an affirmative protection requires proactive effort and the presentation of compelling proof. Merely claiming ignorance or lack of intent is inadequate; the defendant should present concrete proof to help their assertions. The burden of proof for affirmative defenses rests with the defendant, underscoring the significance of a sturdy authorized technique in these circumstances. Navigating these complexities requires an intensive understanding of ARS statutes associated to stolen property and the particular necessities for every affirmative protection.
Incessantly Requested Questions
This FAQ part addresses widespread inquiries concerning possession of stolen property underneath Arizona Revised Statutes (ARS), offering concise but informative responses.
Query 1: Does unknowingly possessing stolen property represent a criminal offense underneath ARS?
Whereas bodily possession is a component of the offense, information of the property’s stolen nature is essential for establishing culpability. Unknowingly possessing stolen items sometimes doesn’t represent a criminal offense underneath ARS, supplied the person takes affordable steps upon discovery of the property’s illicit origin.
Query 2: How does ARS decide the worth of stolen property for sentencing functions?
ARS outlines particular strategies for figuring out property worth, usually counting on truthful market worth on the time of the offense. Particular pointers exist for several types of property, together with autos, electronics, and private gadgets. Courts think about value determinations, market comparisons, and different related proof to ascertain an correct valuation.
Query 3: What penalties can one face for a conviction of possession of stolen property underneath ARS?
Penalties vary from misdemeanors to felonies, relying on the worth of the property and the person’s legal historical past. Misdemeanor convictions can lead to fines and jail time, whereas felony convictions carry considerably harsher penalties, together with substantial jail sentences.
Query 4: Can one be convicted based mostly solely on circumstantial proof?
Sure, convictions could be secured based mostly on circumstantial proof if it establishes guilt past an affordable doubt. Circumstantial proof may embody possession of lately stolen gadgets, inconsistent explanations for possession, or makes an attempt to hide the property. The totality of circumstances should create a compelling inference of guilt.
Query 5: What are some widespread defenses towards possession of stolen property costs in Arizona?
Widespread defenses embody lack of understanding concerning the property’s stolen nature, intent to return the property to its rightful proprietor, or mistaken id. Efficiently elevating a protection requires presenting credible proof to help the declare.
Query 6: How does ARS tackle possession of stolen property obtained by totally different means, equivalent to theft, fraud, or embezzlement?
ARS encompasses stolen property obtained by numerous illicit means, together with theft, fraud, and embezzlement. The tactic of acquisition may affect particular components of the offense, however the core precept of knowingly possessing stolen property stays constant.
Understanding these key elements of possession of stolen property underneath ARS is essential for anybody dealing with such costs or looking for to grasp this space of regulation. Consulting with skilled authorized counsel is crucial for navigating the complexities of those circumstances and guaranteeing that one’s rights are protected.
This concludes the FAQ part. Additional exploration of associated matters, equivalent to particular ARS statutes and related case regulation, is inspired for a extra complete understanding.
Suggestions for Avoiding Involvement with Stolen Property in Arizona
Navigating the complexities of Arizona’s legal guidelines concerning stolen property requires vigilance and proactive measures. The next ideas supply steerage for avoiding unintentional violations and potential authorized ramifications.
Tip 1: Train Warning When Buying Discounted Gadgets: Considerably below-market-value costs can point out stolen items. Completely analysis the vendor’s fame and legitimacy earlier than making a purchase order, particularly for high-value gadgets. Scrutinize unusually low costs and query their rationale.
Tip 2: Confirm Possession Earlier than Accepting Property: When receiving property from people, confirm possession at any time when doable. Request proof of buy or different documentation establishing professional possession. This precaution is especially essential for priceless gadgets or transactions exterior established marketplaces.
Tip 3: Conduct Due Diligence on Secondhand Sellers: Transact with respected and licensed secondhand sellers. Confirm licensing and analysis the seller’s historical past to reduce the danger of buying stolen items. Respected sellers keep information and cling to authorized necessities, offering a layer of safety for consumers.
Tip 4: Doc Transactions Completely: Keep detailed information of all transactions, together with receipts, payments of sale, and communication with sellers. Thorough documentation gives proof of professional buy and could be essential in defending towards accusations of knowingly possessing stolen property.
Tip 5: Report Suspicious Exercise: Report suspected stolen property or suspicious gross sales exercise to regulation enforcement. Offering data to authorities assists in investigations and helps stop the circulation of stolen items. Well timed reporting contributes to a safer group.
Tip 6: Be Cautious of Non-public Gross sales and On-line Marketplaces: Train additional warning when buying gadgets by non-public gross sales or on-line marketplaces, the place verifying vendor legitimacy and product provenance could be difficult. Elevated vigilance is important in these much less regulated environments.
Tip 7: Perceive the Implications of Possession: Familiarize oneself with Arizona’s legal guidelines concerning possession of stolen property. Understanding the authorized ramifications underscores the significance of due diligence and accountable acquisition practices. Data empowers knowledgeable decision-making.
Adhering to those precautions minimizes the danger of authorized issues associated to stolen property. Proactive measures and knowledgeable decision-making contribute to lawful commerce and a safer group.
The following tips supply sensible steerage for navigating the complexities of stolen property legal guidelines in Arizona. The next conclusion summarizes the important thing takeaways and reinforces the significance of accountable practices.
Conclusion
Possession of stolen property ARS encompasses a posh interaction of authorized components, together with understanding possession, property worth thresholds, and intent to deprive. Understanding these components is essential for navigating the authorized panorama surrounding this offense. This exploration has supplied a complete overview of those complexities, highlighting the significance of due diligence and accountable acquisition practices inside the framework of Arizona regulation. Circumstantial proof usually performs a major position in these circumstances, underscoring the necessity for cautious consideration of all related elements. Affirmative defenses supply potential avenues for exoneration, emphasizing the significance of a sturdy authorized technique.
The authorized and societal ramifications of possession of stolen property ARS underscore the significance of continued consciousness and proactive measures. Selling moral practices in commerce and property acquisition contributes to a extra simply and safe society. Additional exploration of ARS statutes and related case regulation enhances understanding and strengthens authorized preparedness.
