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One-Party Consent States – Updated 2022

Updated January 3rd, 2022

What does One-Party Consent Mean?

One-party consent means that an individual can record conversations they are a part of without the other person’s consent. Of course, you should still make sure to look at the individual laws for each state as there are a few slight differences between them. However, a general rule for one-party consent states is that if you are part of the conversation, you can record it.

Click here to read more about Two-Party Consent States

Federal and state laws that dictate the recording of conversations can differ in small ways even if they are one (or all) party consent states. Scroll down to see a brief state-by-state overview of the Recording Laws; click through each state to see a more in-depth version.

Our recommended Digital Voice Recorder.

List of One-Party Consent States

There are 37 states (+DC) that are considered one-party consent states. In addition, Connecticut can also, at times, be regarded as a one-party consent state.

Alabama, Alaska, Arizona, Arkansas, Colorado, District of Columbia, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri*, Nebraska, Nevada*, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont**, Virginia, West Virginia, Wisconsin, and Wyoming

*RecordingLaw.com prefers to err on the side of caution with these states as they have special provisions.  Make sure to read the state rules for your specific state.
**Vermont does not have an official law related to call recording, so Federal Law applies. This makes Vermont a one-party consent state.

One Party Consent States FAQ

What does one-party consent law apply to?

Interestingly there are much harsher and longer-standing restrictions to audio recordings then there are for video recordings. This means that surveillance and other videos without audio have much less legal red tape around them. However, for devices that do record audio the law applies (but is not limited to): Oral communication, telephone calls, conference calls, electronic communications, third party interception.

How can you gain permission to record a conversation you are not a part of?

You are allowed to record a conversation in an area where there is no reasonable expectation of privacy. Examples of this would be in a public park, public building, or a busy cafe (where the cafe had given you permission to record). If you need to record a conversation that happens in a private place such as a person’s home it is best practice to gain affirmative consent. You can gain consent of the parties involved by:
Getting verbal or written consent prior to the recording being made.
A verbal notification being played before the telephone conversation begins. (For example: “This phone call is being recorded for quality control purposes…”).
An audible beep tone being repeated at steady intervals during the duration of the conversation.


How do I Transcribe an Audio Recording?

There are many methods to transcribe audio. You can do it yourself simply in a word document, hire someone to transcribe it, or use an audio transcription service. We recommend using this transcription service because they combine the accuracy of humans with the cost-effectiveness of AI. The turn around time is 12 hours and if privacy is necessary you can have them sign a standard NDA.

Can I legally record law enforcement officers in a one-party state?

Yes! You have a first amendment right that allows you to record police officers while they are in an official working capacity. A police officer does not have the right to delete your pictures, videos, or audio recordings. One thing to be cognizant of is that while you DO have the right to record law enforcement, from a legal standpoint this does not give you the right to break other laws (trespassing or obstruction being the most common).

Can I record phone calls from a two-party consent state?

It is best practice to gain consent of all parties by informing them that the phone call is being recorded, but typically the law applies to the state where the recording is made. So if you are in a single-party consent state and are party to the conversation you do not need to gain everyone’s consent, just the consent of at least one party.

Can I record public officials?

Generally it is considered a 1st amendment right that you are allowed to record a public official while they are performing their duties. Note – This does not apply to courthouses and you should check your local laws.

Recording Consent Rules for Different States

Given that each state can have multiple laws regarding:

  • What is considered to be consent?
  • What constitutes privacy?
  • What is the definition of a recording device?

Additionally, when you are recording a phone call between two states, it is best practice to follow the laws in which the recording device is located.

One-Party Consent States Simplified Table

StateSimple TermsLaw
Alabama Recording LawsAccording to Ala. Code § 13A-11-30 you are not allowed to video record people in “A place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance, but such term does not include a place to which the public or a substantial group of the public has access”.Ala. Code § 13A-11-30
Alaska Recording LawsAlaska's highest court has specifically held that the eavesdropping statute is only in place to address 3rd party interceptions. They do have specific protections in place for nude photo and film.Alaska Stat. Ann. § 42.20.330, § 42.20.310,§ 11.61.123
Arizona Recording LawsConsent is required to record conversations in which there is a legal expectation of privacy, though consent is not required in places where there is no reasonable expectation of privacy such as a street or park. One major caveat is that the owner of the telephone line may record phone calls without taking part of them (such as a business owner).Ariz. Rev. Stat. Ann. § 13-3001, § 13-3012
Arkansas Recording LawsArk. Code Ann. § 5-60-120 Consent is required to record conversations in which there is a legal expectation of privacy, though consent is not required in places where there is no reasonable expectation of privacy such as a street or park.Ark. Code Ann. § 5-60-120
ColoradoIn Colorado it is a criminal offense to use any device to record communications whether it’s wire, oral or electronic without the consent of at least one person taking part in the communication.  Albeit there is a caveat in that recording is allowed to take place if there is no reasonable expectation of privacy such as a public place such as a street or park.Colo. Rev. Stat. § 18-9-304
District of Columbia Recording LawsIn D.C. it is a criminal offense to use any device to record communications whether it’s wire, oral or electronic without the consent of at least one person taking part in the communication.  Albeit there is a caveat in that recording is allowed to take place if there is no reasonable expectation of privacy such as a public place such as a street or park.D.C. Code § 23-542
Georgia Recording LawsIn Georgia it is a criminal offense to use any device to record or disclose communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Georgia, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Ga. Code Ann. § 16-11-66(a). Georgia does have a caveat which allows for parents to legally intercept the communications of their children.Ga. Code Ann. § 16-11-66, Ga. Code Ann. § 16-11-62
HawaiiHawaii recording law stipulates that it is a one-party consent state. In Hawaii, it is a criminal offense to use any device to record or disclose communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Hawaii, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Haw. Rev. Stat. § 803-42.Haw. Rev. Stat. § 803-42.
Idaho Recording LawsIdaho recording law stipulates that it is a one-party consent state. In Idaho, it is a criminal offense to use any device to record communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Idaho, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Idaho Code Ann. § 18-6702.Idaho Code Ann. § 18-6702.
FederalFederal law dictates that when no other law applies that it is a one party consent region. State laws will supercede this, so make sure to check your local state laws.Electronic Communications Privacy Act of 1986 (ECPA) & 18 U.S. Code § 2511

One-Party Consent States (Continued) – Indiana – Mississippi

StateSimple TermsLaw
Indiana Recording LawsIn Indiana, it is a criminal offense to use any device to intercept communications, whether wire or electronic, without the consent of at least one person taking part in the communication. Ind. Code Ann. § 35-31.5-2-176. This applies to text messages and e-mails as well. Ind. Code Ann. § 35-31.5-2-110. Ind. Code Ann. § 35-31.5-2-110, Ind. Code Ann. § 35-31.5-2-176.
Iowa Recording LawsIn Iowa, it is a criminal offense to use any device to record communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication, as long as the recording is made without any criminal intent. Iowa Code Ann. § 808B.2. This means that in Iowa, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Iowa Code Ann. § 727.8. Iowa Code Ann. § 808B.2, Iowa Code Ann. § 727.8.
Kansas Recording LawsIn Kansas, it is a criminal offense to use any device to record, listen to or amplify communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Kansas, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Kan. Stat. Ann. § 21-6101(4). This state also has a hidden camera law which forbids the recording and disclosure of intercepted images. Kan. Stat. Ann. § 21-6101(6).Kan. Stat. Ann. § 21-6101
Kentucky Recording LawsIt is a criminal offense to use any device to record, obtain, share or use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Kentucky, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Ky. Rev. Stat. Ann. § 526.020. This state’s voyeurism laws also forbids the recording or disclosure of illegally obtained images. Ky. Rev. Stat. Ann. § 531.090.Ky. Rev. Stat. Ann. § 526.020 ,Ky. Rev. Stat. Ann. § 526.010. , Ky. Rev. Stat. Ann. § 531.090
Louisiana Recording LawsIt is a criminal offense to use any device to record, obtain, use or share communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Louisiana, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. La. Rev. Stat. Ann. § 15:1303. This state also forbids the recording or sharing obtained illegally under its video voyeurism laws. La. Rev. Stat. Ann. § 14:283.La. Rev. Stat. Ann. § 15:1303. - Electric Surveillance Act, La. Rev. Stat. Ann. § 14:283.
Maine Recording LawsIt is a criminal offense to use any device to record, obtain, use or share communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication, unless the conversation is audible by normal, unaided hearing. This means that in Maine, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Me. Rev. Stat. Ann. tit. 15, § 710.

This state’s privacy laws also forbid the recording or sharing of images obtained illegally. Me. Rev. Stat. Ann. tit. 17-A, §511.
Me. Rev. Stat. Ann. tit. 15, § 710 , Me. Rev. Stat. Ann. tit. 17-A, §511
Michigan Recording Laws*It is a criminal offense to use any device to record, obtain, use or share communications, whether they're wire, oral or electronic, without the consent of all contributing parties. This means that in Michigan you are not legally allowed to record a conversation you are taking part in unless all parties are in agreement. Mich. Comp. Laws § 750.539c . *The Michigan Court of appeals has precedent interpreting the wiretapping statue as only applying to a third party interception of a conversation.  In Michigan if you are taking part in a conversation, you are allowed to record the conversation.  This is due to an interpretation of the word eavesdrop by the Michigan Court of Appeals, so while the law is written as an 'All Party Consent' law, the interpretation of it in Michigan is that the term 'eavesdrop' only applies to outside third parties listening in.117 Mich. App. 476 (1982), Mich. Comp. Laws § 750.539c
Minnesota Recording LawsIt is a criminal offense to use any device to record, obtain, share or use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Minnesota, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intent. Minn. Stat. § 626A.02.

This state’s hidden camera laws also forbid the recording or sharing of illegally obtained images. Minn. Stat. § 609.746. Minn. Stat. § 626A.02 , Minn. Stat. § 609.746.
Minn. Stat. § 626A.02, Minn. Stat. § 609.746
Mississippi Recording LawsIt is a criminal offense to use any device to record, obtain, share or use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Mississippi, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. Miss. Code Ann. § 41-29-531(e).

This state’s hidden camera law forbids the recording or sharing of illegally obtained images. Miss. Code Ann. § 97-29-63.
Miss. Code Ann. § 41-29-531, Miss. Code Ann. § 97-29-63

One-Party Consent States (Continued) – Missouri – Oklahoma

StateSimple TermsLaw
Missouri Recording Laws*It is a criminal offense to use any device to record or share communications, whether they’re wire or oral, without the consent of at least one contributing party. This means that in Missouri you are not legally allowed to record a wire or oral conversation you are taking part in unless you have the consent of at least one party. t is a criminal offense to use any device to record or share communications, whether they’re wire or oral, without the consent of at least one contributing party. This means that in Missouri you are not legally allowed to record a wire or oral conversation you are taking part in unless you have the consent of at least one party.

This state does stipulate that electronic communications can be lawfully recorded or shared with the consent of at least one party, barring any criminal intentions. This applies to conversations where all contributing parties are using a cell phone, including text messages sent between cell phones. However, a Missouri appellate court determined that a conversation taking place where one party is using a cell phone and the other is using a regular wire phone is indeed protected under the wiretap law. Lee v. Lee, 967 S.W.2d 82 (Mo. Ct. App. 1998).
Mo. Ann. Stat. § 542.402(2)(3), Lee v. Lee, 967 S.W.2d 82 (Mo. Ct. App. 1998).
Nebraska Recording LawsIt is a criminal offense to use any device to record or share communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Nebraska, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. It is also lawful to record electronic communications that are easily available to the public. Neb. Rev. Stat. § 86-290 (2011).Neb. Rev. Stat. § 86-290 (2011), Neb. Rev. Stat. § 86-283, Neb. Rev. Stat. § 86-286.
Nevada* Recording LawsIt is a criminal offense to use any device to record, obtain, share or use oral conversations without the consent of at least one person taking part in the communication. However, the recording or sharing of wire conversations require the consent of all involved parties. This means that in Nevada, you are legally allowed to record an oral conversation if you are a contributor, or with prior consent from one of the involved parties, but you need the consent of everyone involved to record wire communications.  Wired communication refers to the transmission of data, so even if it's a wireless device such as a cellphone it is still considered to be wired communication.  Examples of wired communications are cell phones, land lines, zoom calls, and VOIP.Nev. Rev. Stat. §§ 200.620, 200.650 (2011), Lane V. Allstate
New Jersey Recording LawsIt is a criminal offense to use any device to record or share communications, whether they are oral or electronic, without the consent of at least one person taking part in the communication. This means that in New Jersey, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. It is also lawful to record electronic communications that are easily available to the public. N.J. Stat. Ann. § 2A:156A-4 (West 2012).N.J. Stat. Ann. § 2A:156A-4 (West 2012), N.J. Stat. Ann. § 2A:156A-2
New Mexico Recording LawsIt is a criminal offense to use any device to record, obtain, share or use wire communications without the consent of at least one person taking part in the conversation. This means that in New Mexico, you are legally allowed to record a wire conversation if you are a contributor, or with prior consent from one of the involved parties. This state does not require consent to record oral communication. N.M. Stat. Ann. § 30-12-1 (West 2012). New Mexico law states that journalists do not require consent to record electronic communications. This applies to conversations where all contributing parties are using a cell phone or other wireless devices, including text messages sent between cell phones. N.M. Stat. Ann. § 30-12-1.N.M. Stat. Ann. § 30-12-1 
New York Recording LawsIt is a criminal offense to use any device to record, obtain, share or use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in New York, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. N.Y. Penal Law §§ 250.00, 250.05 (McKinney 2012).N.Y. Penal Law §§ 250.00, 250.05 (McKinney 2012).
North Carolina Recording LawsIt is a criminal offense to use any device to record or share communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in North Carolina, you are legally allowed to record a conversation with prior consent from one of the involved parties. N.C. Gen. Stat. Ann. § 15A-287 (West 2012).

A North Carolina appellate court determined that implied consent to a recording is established once a party is told they are being recorded and remains a part of the conversation regardless. North Carolina v. Price, 611 S.E.2d 891 (N.C. Ct. App. 2005).
N.C. Gen. Stat. Ann. § 15A-287, North Carolina v. Price, 611 S.E.2d 891 (N.C. Ct. App. 2005).
North Dakota Recording LawsIt is a criminal offense to use any device to record or share communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in North Dakota, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. N.D. Cent. Code § 12.1-15-02 (2011).

However, while the consent of one party is required to record a telephone conversation, this only applies to conversations that take place entirely or partially through “wire, cable, or other like connection between the point of origin and the point of reception”. Therefore, conversations where all parties are using a cell phone, as well as messages exchanged between cell phones, can be lawfully intercepted. N.D. Cent. Code § 12.1-15-04.
N.D. Cent. Code § 12.1-15-02, N.D. Cent. Code § 12.1-15-04.
Ohio Recording LawsIt is a criminal offense to use any device to record or share communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Ohio, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. Ohio Rev. Code Ann. § 2933.52 (West 2012).Ohio Rev. Code Ann. § 2933.52 (West 2012), Ohio Rev. Code Ann. § 2933.51.
Oklahoma Recording LawsIt is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Oklahoma, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. Okla. Stat. Ann. tit. 13, § 176.4 (West 2012). Okla. Stat. Ann. tit. 13, § 176.4 (West 2012), Okla. Stat. Ann. tit. 13, § 176.4 , Okla. Stat. Ann. tit. 21, § 1202.

One-Party Consent States Continued – Rhode Island – Wyoming

StateSimple TermsLaw
Rhode Island Recording LawsIt is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Rhode Island, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. It is also lawful to share the details of a conversation that has become widely circulated or available to the public. R.I. Gen. Laws § 11-35-21 (2012).R.I. Gen. Laws § 11-35-21 (2012), R.I. Gen. Laws § 12-5.1-1
South Carolina Recording LawsIt is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in South Carolina, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. S.C. Code Ann. § 17-30-30 (2011).S.C. Code Ann. § 17-30-30 (2011), S.C. Code Ann. § 17-30-15
South Dakota Recording LawsIt is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in South Dakota, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. S.D. Codified Laws § 23A-35A-20 (2012).S.D. Codified Laws § 23A-35A-20 (2012) & S.D. Codified Laws § 23A-35A-1 (2012)
Tennessee Recording LawsIt is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Tennessee, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. It is also lawful to record electronic communications that are easily available to the public. Tenn. Code Ann. § 39-13-601 (West 2012).Tenn. Code Ann. § 39-13-601 & Tenn. Code Ann. § 39-13-604 & Tenn. Code Ann. § 40-6-303 (West 2012)
Texas Recording LawsIt is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Texas, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. It is also lawful to record electronic communications that are easily available to the public. Tex. Penal Code Ann. § 16.02 (Vernon 2011).Tex. Penal Code Ann. § 16.02 (Vernon 2011) & Tex. Code Crim. Proc. Ann. art. 18.20
Utah Recording LawsIt is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Utah, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. It is also lawful to record electronic communications easily available to the public.Utah Code Ann. § 77-23a-3 & Utah Code Ann. § 77-23a-4
Vermont Recording LawsVermont law does not contain any provisions regarding the legality of recording or sharing any kind of audio-based conversations. This means that Vermont is considered a one-party consent state. However, the state Supreme Court has determined that it is a criminal offense to covertly and electronically monitor communications occurring in an person’s home. Vermont v. Geraw, 795 A.2d 1219 (Vt. 2002). A state high court upheld that an individual should not be under the expectation of privacy in a hospital’s emergency treatment section as any number of different people are frequently coming and going. Vermont v. Rheaume, 889 A.2d 711 (Vt. 2005). It is also considered lawful to record a conversation taking place in a parking lot for the same reason. Vermont v. Brooks, 601 A.2d 963 (Vt. 1991).Vermont v. Geraw, 795 A.2d 1219 (Vt. 2002) & Vermont v. Rheaume, 889 A.2d 711 (Vt. 2005) & Vermont v. Brooks, 601 A.2d 963 (Vt. 1991).
Virginia Recording LawsIn Virginia, it is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Virginia, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Va. Code Ann. § 19.2-62 (West 2012).Va. Code Ann. § 19.2-61 & Va. Code Ann. § 19.2-62 (West 2012).
West Virginia Recording LawsIt is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in West Virginia, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. W. Va. Code § 62-1D-3 (2012).W. Va. Code § 62-1D-3
Wisconsin Recording LawsIn Wisconsin, it is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Wisconsin, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. Wis. Stat. Ann. § 968.31 (West 2011). Evidence that is obtained by recording communication is 'totally' inadmissable in civil court cases. Regardless of who took the recording, the only way a recording can be admissable in a civil case is with the consent of the person recorded.Wis. Stat. Ann. § 968.27 (West 2011) & Wis. Stat. Ann. § 968.31 (West 2011) & Wis. Stat. Ann. § 885.365(1
Wyoming Recording LawsIt is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Wyoming, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. Wyo. Stat. Ann. § 7-3-702 (2012).Wyo. Stat. Ann. § 7-3-702

If you’re interested in privacy, check out our blog post on using VPNs, one of the best ways to protect your privacy online.

2 Comments

  1. Daniel

    There’s a typo on this page. In the large table with the specific wording of the laws North Dakota is mislabeled in the leftmost column as North Carolina.

    Reply
    • Adam

      Thanks Daniel, I’ll fix that right away.

      Reply

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