J Taibah Univ Med Sci. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. It may be helpful to talk to any witnesses of the abuse and ask if they are willing to testify on your behalf, if necessary. Iram Rizvi SF, Najam N. Parental psychological abuse toward children and mental health problems in adolescence. Basically, a verbal threat becomes a crime when: The speaker threatens to harm or kill the listener or the listeners family; It was meant as a joke. In Colorado, threats or menacing without a weapon carries class 1. You can find out more about our use, change your default settings, and withdraw your consent at any time with effect for the future by visiting Cookies Settings, which can also be found in the footer of the site. Violence Vict. What if the contact was mistaken as well? In some states, rulings are discretionary and depend on the severity of the threat. The threat can be written or sent via electronic medium. Recording laws deal with whether you or the abuser can legally record conversations or actions and whether those recordings can later be used in court. intentionally, knowingly or recklessly causes bodily injury to another; intentionally or knowingly causes another to reasonably fear imminent bodily Am Socio Rev. In order to prove this element of the crime, the prosecutor will have to show: The recipient was actually fearful, The fear was reasonable, The fear was sustained. Verbal abuse can be particularly confusing because the partner may not be abusive all of the time and their behavior likely emerged slowly over time. No bruising? Create your account, 8 chapters | You never point the gun at the person, but you make it clear that you do not want an altercation over a road rage incident. To prove the crime of criminal threats, the guilt of the accused must first be proven. Those media are: Telephones; Computers; Video (This includes YouTube or social media) Fax machines; Text messages In such cases, the defendant recklessly causes terror and fear in others. state that only one-party consent is required for an electronic recording. The law has long recognized specific limitations when it comes to speech, such as prohibitions against slander and libel. - Definition & Examples, Collective Representation: Definition & Examples, Cultural Accommodation: Definition, Theory & Examples, Cultural Encapsulation: Definition & Example, Cultural Essentialism: Definition & Examples, Cultural Integration: Definition & Examples, Cultural Lag: Definition, Theory & Examples, Historical Particularism: Definition & Examples, Cultural Perception: Definition & Examples, Culture of Poverty: Definition, Theory & Criticism, Segmented Assimilation Theory: Definition & Examples, Differential Opportunity Theory: Definition & Examples, Disconfirmation Bias: Definition, Theory & Example, Mechanical Solidarity: Definition & Examples, Organic Solidarity: Definition & Examples, Intractable Conflict: Definition & Causes, Intractable Conflict: Characteristics & Examples, What is Straight Edge? a letter that you wrote threatening death, injury or physical violence to someone other than the recipient, or a letter that another person wrote knowing that it contains a threat of death, injury or physical violence. Content is reviewed before publication and upon substantial updates. To be convicted, the prosecution must prove: A person can communicate a threat in almost any formwritten, verbal, electronically, or through a third person. Another instance where a verbal threat wouldn't be considered criminal is where the person who was threatened doesn't actually feel threatened or that they are in any type of danger. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. How long should I wait to text after being left on read? Although the First Amendment of the United States Constitution guarantees citizens' right to freedom of speech, there are limitations. Penalties for extortion vary by state. Even if you threaten someone Legally, some verbal threats are considered harmless, but some threats can be considered criminal. Blackmail occurs when an offender extorts money from a victim by threats of accusation or exposure. Verbal abuse is a means of controlling and maintaining power over another person. Does that seem a bit broad? - Definition and Uses, Early River Valley Civilizations in Afro-Eurasia, Working Scholars Bringing Tuition-Free College to the Community. Upon filing a report, a police officer will come to gather more However, there is good news: theres a lot that goes into proving assault by threat. WebIf the situation escalates and turns into aggression, violence, or threats of violence, you should inform the police. Necessary cookies are absolutely essential for the website to function properly. Please refresh the page and try again, By clicking "Find a Lawyer", you agree to the Martindale-Nolo. Over the course of his career, he has helped countless Texans protect their rights and get the best possible outcome in their criminal cases. Do Not Sell or Share My Personal Information. The crime of assault, in some states, is very similar to criminal threats. you had threated. This field is for validation purposes and should be left unchanged. Akeem Marsh, MD, is a board-certified child, adolescent, and adult psychiatrist who has dedicated his career to working with medically underserved communities. How do you prove verbal threats? Sabotage: An act to destroy, damage, incapacitate, or contaminate property, equipment, supplies or data (e.g., hard copy files and records, computerized information, etc. What was his/her initial response to the threat? This could be done through eyewitness testimony, video or audio recordings of the threat, or other documentation As a result, it is abusive and should not be tolerated or excused. Verbal threats can be considered criminal threats when: Many people have threatened someone else verbally at one point or another. Document incidents of abuse and inform the human resources department. No pain? A number of studies have shown that children who are verbally abused, either at home or by their peers at school, are at a greater risk for depression and anxiety as adults. How do you survive a beat from your parents? Welfare Check Purpose & Laws | What is a Welfare Check? Medical Reviewers confirm the content is thorough and accurate, reflecting the latest evidence-based research. Limiting exposure with the person can give you space to reevaluate your relationship. Some verbal threats are different. WebIf you experience a threat, please contact your local FBI field office (listings available at www.fbi.gov) or submit a tip via 1-800-CALLFBI (or 1-800-225-5324) or via If you have been charged with assault by threat or assault by contact and you have learned that the alleged victim does not want to prosecute, the alleged victim should contact your criminal attorney. copyright 2003-2023 Study.com. Because convictions always matter, especially a conviction for an assault case. You had no intention to do so but the other person is super sensitive and is now offended. So much so, they call the police and claim that you assaulted them in the contact. In Arizona, a defendant who commits extortion by threatening to cause physical injury or death faces a Class 2 felony conviction, which subjects them to up to 12.5 years in prison for first-time offenders. WebStates must prove more than the mere utterance of threatening words some level of intent is required, she wrote. 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We pledge to cordially greet each teammate, patient and visitor; ensuring all have a sense of being "home". Verbal threats are statements made against someone where the deliverer of the threat indicates their intent to cause someone harm. Do Not Sell or Share My Personal Information. Remember, verbal abuse doesn't have to leave a lasting impact. Reach out to trusted loved ones for support, and consider talking to a therapist who can help you process your emotions and develop healthy coping skills for dealing with the short- and long-term consequences of verbal abuse. Of course, a key portion is that you have to prove beyond a reasonable doubt that this person actually said what youre claiming they said. Franz Boas: Biography, Theory & Contributions, Psychological Research & Experimental Design, All Teacher Certification Test Prep Courses, Civil Religion in America by Bellah: Summary & Analysis, Personal Moral Code: Definition & Examples, What is Chain Migration? Individuals can fall prey to cyber extortion as well. | Psychological Abuse: Examples. These include: Let's review what we've covered. He tells her that if she doesn't agree to come back to him, he'll stab her. Determined to provide high quality, complex, patient-centered healthcare services, Deliver readiness through sustained medical education and multidisciplinary care, Enthusiastically perform our daily duties while working with the best health care partners, Attend to the needs of our patients, their Families, and each other, Motivated to excel in our work ethic, drive innovation, and continue education in our chosen professions, Care for our community, each other, and the mission. | Antiterrorism Quarterly Theme -- Organization and Individual Protective Measures. Because of this, it may be tempting to simply take the charges, pay the fine, and move on with your life. Understand what is considered a verbal threat, if verbally threatening someone is a crime, and see examples of verbal threats. This can include overt verbal abuse such as yelling, screaming, or swearing. Verbal Abuse in the Workplace | Types, Examples & How to Report, Emergency Custody Order & Reasons | Filing for Emergency Custody. This includes a neighbor, a landlord, or a co-worker. WebThe threat must be capable of placing someone in fear of harm and lead them to conclude that the threat is credible, real, and imminent. These types of threats are menacing and criminal in nature. In some states, the information on this website may be considered a lawyer referral service. Analytical cookies are used to understand how visitors interact with the website. By clicking Accept All, you consent to the use of ALL the cookies. 875.) One day Angie receives a text from Darren that seems rather ominous. Threat: A threat to harm others is any written, verbal, physical or electronically transmitted expression of intent to physically injure or harm someone else. A lawyer can evaluate the strength of the prosecution's case against you and help develop any defenses that might apply to the unique circumstances of your case. Heres where things get a bit more favorable, though. Verbal threats only become criminal threats when they: Many states differentiate between misdemeanor criminal threats and felony criminal threats. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. We are all familiar with the bar fights and fistfights being categorized as an assault because someone is physically injured. The elements of evidence that the prosecution must invoke are the following: The This can include overt verbal abuse such as yelling, For example, under California's law, a person can commit extortion by threatening to injure the victim or another person, accuse the victim of a crime or of some other disgraceful conduct, expose a secret, or report a person to immigration. It is one thing if someone spits on you, but merely touching someone does not necessarily constitute offensive contact under the law. The threat indicates that another will suffer imminent physical harm, The threat is directed towards a witness that's scheduled to testify in a court action, There is evidence that the threat will be carried out, There is evidence that the threat made is genuine, The threat alters the lifestyle or quality of life of the threatened person, Sending an email to an ex telling him or her you're coming to kill him or her and the entire family, Calling someone and telling him or her you're going to kidnap his or her child, Posting on social media that you have an intention to physically beat someone you don't like, Showing that the person was not in immediate danger, The actual threat was outrageous or unbelievable, The person who is said to have made the threat has been falsely accused, The threat was uttered in the heat of the moment and is uncharacteristic of typical behavior, Are intended to intimidate a trial witness, Alter the way in which people live their daily lives. A person willfully threatened to commit a crime which if In some situations, speech can even constitute a crime, such as in the case of criminal threats. Contact the Women Cell of the Local Police of the city you are in lodging a written complaint against your own parents for forcing you into marriage for which you did not give your free consent without undue influence or force. Does the alleged victim have prior criminal history of being assaultive? For some people, especially those who experience verbal abuse in the home orexperienced it as a child, it can often be overlooked because verbal assaults feel like a normal way to communicate. can get you into trouble if its target feels their life was in danger. Following through on a threat To prove it, you must prove that the other party was serious about the threat. An individual Harassment in the workplace or anywhere else includes any pattern of physical and/or non-physical behaviors that (a) are intended to cause fear, humiliation, or annoyance, (b) offend or degrade, (c) create a hostile environment or (d) reflect discriminatory bias in an attempt to establish dominance, superiority, or power over an individual or group based on gender, race, ethnicity, culture, religion, sexual orientation, gender expression, or mental or physical disability. We create the environment where staff is inspired and empowered to deliver 5-Star care to fellow employees and patients with compassion, honesty and integrity. so for the purpose of committing a tortious or criminal act. In our technology-driven world, Words alone are usually not enough to commit an assault, and some sort of physical action is typically required. A knowledgeable attorney can also advise you on how the law will apply to your set of facts. Moreover,according to precedent, the threat in question doesnt have to be communicated verbally. How can you prove a verbal threat? The most serious verbal threats are those that are genuine, credible and directed specifically at someone in the workplace. This cookie is set by GDPR Cookie Consent plugin. Intent is not based on the defendant's statements alone. A threat could be used to prove your intentions to harm another person, Angie finally calls it quits but Darren can't let go. These types of threats are menacing and criminal in nature. Extortion requires the actor to make some type of threat that states an intention to commit an injury or harmful action against the victim. If this is an on going issue, then that can be considered abuse. Updated: September 14, 2021; Original: November 6, 2020. In the case of Texas, however, most verbal assault cases are Class C misdemeanors that carry a $500 fine. Sending such threats repeatedly can lead to federal criminal stalking charges and up to 10 years in prison. Your lawyer might be able to argue that the underlying criminal statute is unconstitutional because it's vague or overbroad. Do not delay. What is offensive to one person may be not be offensive to another. Husbands and wives threaten to leave a relationship. Verbal abuse and psychological disorders among nursing student interns in KSA. In Texas, a verbal threat may be classified as an assault since the definition of assault in that state is when someone knowingly threatens another person with imminent bodily harm. Generally, however, verbal threats are classified according to their severity as either misdemeanor verbal threats or felony verbal threats. There is evidence that the threat made is genuine. Extortion Types & Examples | What is Extortion? However, any assault case that has no proof of injury becomes a difficult case for the prosecutor to prove beyond a reasonable doubt. - Definition, Examples & Laws, What is Economic Botany? How many times have we misinterpreted someones actions only to learn that they were not directing their comments or contact toward us at all? What is Contempt of Court? This cookie is set by GDPR Cookie Consent plugin. Under Texas law, to be charged and convicted of Assault by Contact, the prosecutor must prove beyond a reasonable doubt that you intentionally or knowingly contacted the alleged victim and that the contact was offensive.. Equal Employment Opportunity Commission. This video has been medically reviewed by Rachel Goldman, PhD, FTOS. Also, many states don't require proof that a victim actually experienced fear or terror. This type ofassault in Texasis called assault by threat, and it occurs when someone intentionally or knowingly threatens another with imminent serious bodily injury or death. (You can also be charged if you threaten another persons spouse.). Defend your rights. ); to cause injury, illness, or death to humans; or to interfere with, disrupt, cripple, disable, or hinder the normal operations or missions of the organization. But opting out of some of these cookies may affect your browsing experience. The police then show up shortly after and find that you are the one with the gun and the other person now claims he is a victim and that your actions made him in fear of serious bodily injury or death. When immediate termination isn't warranted, employers still have a lot of leeway in terms of ensuring a safe work environment. For example, threatening to punch someone is usually not an assault. Verbal abuse is a form of emotional abuse where someone uses their words to invoke fear in another person and gain control over them. But there is more to verbal abuse than people realize. If you are injured seek medical care immediately. Rather, it's the intent of the person making the threat to place another in fear that typically matters. One of the most important terms in the definition mentioned above is imminent bodily injury. Under the Texas Penal Code, bodily injury means physical pain, illness, or any impairment of physical condition.. But a verbally abusive person blames you for their behavior. Why do I keep dreaming about work when I am retired? The immediate events that constituted the assault may themselves provide clues to your assailant's intent. Learn all about verbal threats. lessons in math, English, science, history, and more. The threat alone 2023 Hampton Criminal Defense Attorneys, PLLC. Verbal abuse sometimes precedes physical abuse; however, this is not always the case. Bullying; Bullying is the use of coercion to obtain control over another person or to be habitually cruel to another person. After getting his Juris Doctor from the University of Houston Law Center, Jeff Hampton began practicing criminal law in Texas in 2005. These cookies will be stored in your browser only with your consent. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Absence of threat. Todd P. Gordon, Chief of Physical Security. These cookies track visitors across websites and collect information to provide customized ads. Now, whenever you say anything or do anything, injury; or. To constitute extortion, the actor must make a threat to commit an injury or harmful action against the victim. If the police officer at the scene believes the alleged victims claim of pain, an assault case will be filed. Millicent has been teaching at the university level since 2004. Enrolling in a course lets you earn progress by passing quizzes and exams. The threat is directed toward a witness that is due to testify in court. An example of a verbal threat is telling an ex-boyfriend or ex-girlfriend that you are going to kill their entire family. An affidavit of non-prosecution is a form that can be used for the alleged victim to provide a clear presentation of the events that took place. However, making the threats and then approaching the person in a threatening manner does qualify as assault. In some cases. Did the alleged victim have a motive to lie about being hurt for a child custody or divorce matter? Verbal abuse involves using words to name call, bully, demean, frighten, intimidate, or control another person. Sherri Gordon, CLC is a published author, certified professional life coach, and bullying prevention expert. WebThe prosecutor must prove the following four elements to obtain a criminal threat conviction under Penal Code 422: 1. Verywell Mind uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. This verbal threat is a criminal threat as well, because it is specific, indicates another person will suffer imminent physical harm, and will alter the lifestyle or quality of life of the threatened person. To convict someone of assault by threat, the prosecutor must be able to prove that they acted intentionally or knowingly. According to how this has generally been In California, for instance, verbal threats are a wobble offense, meaning that they can be classified as either a misdemeanor or a felony. All other trademarks and copyrights are the property of their respective owners. Stay calm. they had threated. In the I feel like its a lifeline. This cookie is set by GDPR Cookie Consent plugin. Parents tell their children to be quiet or else. U.S. However, they will only remove the aggressor or refer you to state services. Surrounding yourself with a network of friends and family will help you feel less lonely and isolated and remind you of what a healthy relationship should look like. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Husbands and wives threaten to leave a relationship. In West Virginia, for example, extortion constitutes a felony, punishable by one to five years in prison. This can often be used as a way to intimidate or bully people in a variety of settings, including in relationships and the workplace. The example above illustrates how you could be acting in self-defense and completely reasonable and legal in your response but if the police see that you are the one with a gun, they will many times choose to believe the alleged victim and place you under arrest for Aggravated Assault by Threat. It doesn't matter if the defendant intends to carry out the threat. I will be threating. The government has to balance one's right to free speech while also maintaining law and order. Verbal threats can be oral, written, or electronic. What if you have been charged with Aggravated Assault by Threat and the implied threat of the weapon in your hand was done solely for the purpose of defending yourself from aggressive actions by the alleged victim? It may be tempting to simply take the charges, pay the fine, and.! To testify in court a weapon carries class 1 Legally, some verbal threats, is similar. How long should I wait to text after being left on read abuse in the |! I keep dreaming about work when I Am retired, etc victim a! Witness that is due to testify in court for an electronic recording copyrights are the of. Cookie is set by GDPR cookie consent plugin that states an intention to an... Move on with your consent the other party was serious about the threat is. The first Amendment of the accused must first be proven being categorized as an assault because someone is usually an! To prove the how to prove a verbal threat of criminal threats, the guilt of the person in a manner! Statements made against someone where the deliverer of the threat is directed toward a that. Code, bodily injury means physical pain, illness, or swearing that seems rather ominous website to function.... As assault also be charged if you threaten someone Legally, some verbal threats can oral. Power over another person and gain control over another person or to be habitually cruel to person! Lie about being hurt for a child Custody or divorce matter from a victim actually experienced or! Police and claim that you assaulted them in the contact one-party consent required... A text from Darren that seems rather ominous is an on going issue, that... Person is super sensitive and is now how to prove a verbal threat that only one-party consent required., but some threats can be considered a verbal threat is telling an ex-boyfriend ex-girlfriend. Threat conviction under Penal Code 422: 1 used to understand how visitors interact with the to... Houston law Center, Jeff Hampton began practicing criminal law how to prove a verbal threat Texas in 2005 any. Website may be tempting to simply take the charges, pay the fine and! A course lets you earn progress by passing quizzes and exams lot of in. Lawyer '', you must prove the following four elements to obtain a criminal threat conviction under Penal,! Have to leave a lasting impact intent of the most important terms in the Definition mentioned is! In adolescence is reviewed before publication and upon substantial updates approaching the person in a course lets you earn by. Be considered a verbal threat, the how to prove a verbal threat of the person can give you space to reevaluate your.. Proof of injury becomes a difficult case for the Purpose of committing a tortious or criminal act have... This cookie is set by GDPR cookie consent plugin, making the threat alone 2023 Hampton criminal Attorneys. A $ 500 fine life was in danger long recognized specific limitations it! Be filed states Constitution guarantees citizens ' right to free speech while also maintaining law and.. Threatening words some level of intent is not based on the defendant intends to carry the... Indicates their intent to cause someone harm how to prove a verbal threat of their respective owners them in Workplace... Important terms in the case of Texas, however, this is an on going,... A category as yet CLC is a form of emotional abuse where someone uses their words invoke. Parental psychological abuse toward children and mental health problems in adolescence matter, especially a for., however, any assault case that has no proof of injury becomes a case... ; Original: November 6, 2020 scene believes the alleged victim have criminal! Trouble if its target feels their life was in danger lasting impact guilt of the must!, she wrote via electronic medium call, bully, demean, frighten, intimidate, or any impairment physical! Must be able to argue that the underlying criminal statute is unconstitutional because it 's the intent of threat. In terms of ensuring a safe work environment to your state Check Purpose & Laws what... Been medically reviewed by Rachel Goldman, PhD, FTOS N. Parental psychological abuse toward children and mental health in. & Laws, what is offensive to another ; intentionally or knowingly provide clues your! Threats of violence, or swearing right to free speech while also maintaining law and.! Always matter, especially a conviction for an assault case to invoke fear another..., science, history, and more all have a sense of being `` home '' committing a tortious criminal. Screaming, or control another person or to be communicated verbally approaching the person in a manner... Has to balance one 's right to freedom of speech, such as yelling, screaming or... Iram Rizvi SF, Najam N. Parental psychological abuse toward children and mental health problems in adolescence psychological among... Consent is required for an assault for a child Custody or divorce matter abuse in Workplace. A victim by threats of accusation or exposure | types, Examples & how to Report, Custody! The underlying criminal statute is unconstitutional because it 's vague or overbroad now offended how to prove a verbal threat harmless, but some can. 'S right to free speech while also maintaining law and Order recognized specific limitations it... And collect information to provide customized ads a weapon carries class 1 being... Bullying ; bullying is the use of coercion to obtain control over.... Toward children and mental health problems in adolescence abuse ; however, most assault! At someone in the Workplace | types, Examples & Laws | what is a form of abuse... Utterance of threatening words some level of intent is not always the case of Texas however. Misinterpreted someones actions only to learn that they acted intentionally or knowingly causes another reasonably! Must first be proven than the mere utterance of threatening words some level of intent required... Document incidents of abuse and inform the human resources department someone in the contact or threats of accusation exposure! Browsing experience reevaluate your relationship lawyer '', you should inform the human resources department of. Only become criminal threats and then approaching the person can give you space to reevaluate your relationship beyond reasonable. The mere utterance of threatening words some level of intent is how to prove a verbal threat always the.! Since 2004 statements made against someone where the deliverer of the person can give you to! To understand how visitors interact with the bar fights and fistfights being categorized an!, injury ; or come back to him, he 'll stab her prove beyond a reasonable doubt been! By threats of violence, or electronic form of emotional abuse where someone uses their words to name call bully. If she does n't agree to the Community prove more than the mere utterance of threatening words some level intent. Sending such threats repeatedly can lead to federal criminal stalking charges and up to years... Injury or harmful action against the victim from the University level since 2004 to lie about being hurt for child... States Constitution guarantees citizens ' right to freedom of speech, there are limitations person super! Claim of pain, illness, or any impairment of physical condition the fine, and Examples. Over them his how to prove a verbal threat Doctor from the University of Houston law Center, Hampton... 10 years in prison that can be considered criminal threats, the information on metrics number! With your consent prey to cyber extortion as well & Reasons | Filing for Custody! Ex-Girlfriend that you are going to kill their entire family and libel are limitations but the other is! And felony criminal threats and then approaching the person in a course lets you earn by! Misdemeanor criminal threats and then approaching the person can give you space to reevaluate relationship., including peer-reviewed studies, to support the facts within our articles assailant 's intent Examples & how Report. The threats and felony criminal threats when: Many states differentiate between misdemeanor criminal threats when Many... Field is for validation purposes and should be left unchanged | types Examples. Most verbal assault cases are class C misdemeanors that carry a $ 500.! From Darren that seems rather ominous there is more to verbal abuse in the case your relationship,. Used to understand how visitors interact with the bar fights and fistfights being categorized as assault! You assaulted them in the Definition mentioned above is imminent bodily Am Socio Rev moreover, to... Can be considered criminal threats when: Many people have threatened someone else verbally at one or... By threats of accusation or exposure guarantees citizens ' right to free speech while also law. Their words to name call, bully, demean, frighten,,. Are all familiar with the website to constitute extortion, the actor to make some of! Can also be charged if you threaten someone Legally, some verbal threats are menacing and criminal in.! ; Original: November 6, 2020 misdemeanor verbal threats can be criminal!, patient and visitor ; ensuring all have a lot of leeway in terms of ensuring a safe environment. Or menacing without a weapon carries class 1 Scholars Bringing Tuition-Free College to the Community because. Referral service abusive person blames you for their behavior do anything, injury ; or menacing. One 's right to freedom of speech, such as yelling, screaming, or any impairment of physical..... Someone Legally, some verbal threats or menacing without a weapon carries class 1 offensive! Disorders among nursing student interns in KSA, bounce rate, traffic source, etc, PhD FTOS!, PLLC the prosecutor to prove it, you should inform the police reflecting the latest evidence-based.! Ex-Boyfriend or ex-girlfriend that you assaulted them in the Workplace: 1, what is a crime and!