Exposing Domestic Animals to Disease

Fighting an Exposing Domestic Animals to Disease Accusation in St. Louis County with a Dedicated Defense Attorney

The shock of being accused of exposing domestic animals to disease can be utterly disorienting, turning your world upside down in an instant. In a place like Duluth, where agriculture and animal husbandry are part of the fabric of the community, or in the tighter-knit towns of Proctor or Two Harbors, such an accusation isn’t just a legal matter; it’s a profound attack on your reputation, your livelihood, and your standing. You’re suddenly facing the power of the state, charged with a gross misdemeanor that can carry severe penalties, including jail time and crushing financial liabilities. The immediate fears are overwhelming: the threat to your ability to work with animals, the damage to your good name among neighbors, and the immense stress on your family who now faces this crisis alongside you. This isn’t the end of your life; it’s the beginning of a fight, and you need a formidable advocate in that battle.

In communities like Bemidji or Cloquet, where agricultural practices are fundamental, an accusation of exposing domestic animals to disease can generate intense public scrutiny and fear. People rely on the health of their livestock and the integrity of their farms. Being charged under this statute can isolate you, not just legally, but socially, as whispers and judgments spread. The state will pursue this charge seriously, particularly if there’s a perceived threat to animal health or agricultural interests. Without a strong, strategic defense, you risk being overwhelmed by the system and suffering devastating long-term consequences. This is not a time for passive acceptance; it’s a moment to stand up, fight back, and secure the unwavering commitment of an attorney dedicated to your defense.


The Stakes: What a Conviction Truly Costs

A criminal conviction, especially for a charge like Exposing Domestic Animals to Disease, casts a long and dark shadow that extends far beyond the courtroom. It’s not just about the immediate penalties; it’s about the profound and lasting collateral consequences that can reshape every aspect of your life, making the fight against these charges absolutely essential.

Your Permanent Criminal Record

A gross misdemeanor conviction for Exposing Domestic Animals to Disease becomes a permanent part of your public record. This isn’t something that fades away with time; it’s a designation that follows you indefinitely, a constant reminder of a past legal battle. This record is readily accessible to potential employers, especially those in agriculture or animal-related industries, as well as to licensing boards and even private individuals. It can create significant hurdles in your life, limiting your opportunities for meaningful work, particularly if your livelihood involves animals. This permanent mark can diminish your prospects and force you to live under the weight of a past mistake, even if you’ve moved on and turned your life around. The fight for your future starts now, to prevent this mark from defining you.

Loss of Second Amendment Rights

While Exposing Domestic Animals to Disease is generally a gross misdemeanor, it’s crucial to understand that certain types of criminal convictions can impact your rights, including Second Amendment rights. While a gross misdemeanor usually doesn’t lead to an automatic, permanent loss of firearm rights like a felony, any criminal conviction can factor into future legal proceedings or specific circumstances that might affect these rights. For individuals in Northern Minnesota, where hunting, sport shooting, and personal protection are often integral parts of life and culture, any potential restriction on this fundamental right is a serious concern. Protecting your record is key to protecting all your rights.

Barriers to Employment and Housing

The existence of a gross misdemeanor conviction on your record for Exposing Domestic Animals to Disease creates formidable barriers to both employment and housing. Many employers, especially those in agricultural, veterinary, or related fields, conduct thorough background checks. A conviction under this statute can serve as an immediate disqualifier, regardless of your skills or experience, making it incredibly difficult to secure meaningful employment in industries you may have worked in your entire life. Similarly, landlords are often hesitant to rent to individuals with criminal convictions, limiting housing options and potentially forcing you into less desirable living situations. This conviction can effectively close doors to economic stability and a secure home.

Impact on Professional Licenses and Reputation

For those holding professional licenses related to animal care, agriculture, or veterinary services, a conviction for Exposing Domestic Animals to Disease can be catastrophic. Licensing boards often view such convictions as grounds for suspension or revocation, effectively ending your career. Beyond professional licenses, the damage to your personal and professional reputation can be immeasurable. In close-knit communities like those found throughout St. Louis County, a criminal accusation and conviction of this nature can lead to social ostracism, damage relationships with fellow farmers or animal owners, and forever alter how you are perceived by friends, family, and colleagues. The fight to protect your future is a fight to protect your livelihood and your good name.


The Accusation: Understanding the State’s Case

Facing a charge of Exposing Domestic Animals to Disease means understanding precisely what the state claims you did and how they intend to prove it. This is where the legal battle truly begins—by dissecting the accusation and preparing to dismantle it.

What Does the State Allege? Exposing Domestic Animals to Disease Explained in Plain English

When the state brings a charge of exposing domestic animals to disease, they are alleging that you intentionally took actions that put farm animals, livestock, or other domestic animals at risk. This isn’t about accidental spread or a simple oversight; it’s about a deliberate act that goes against sound veterinary practices, leading to either actual exposure to a disease or a significant risk of quarantine or destruction for the animals. The law is designed to protect the health of animal populations and agricultural industries throughout Minnesota, from the farms in St. Louis County to those in rural Bemidji.

An accusation means the prosecution believes they have evidence that you knowingly engaged in conduct that was contrary to what a reasonable veterinarian would advise, and that this conduct either directly exposed animals to a specific disease agent or created a high probability that they would need to be quarantined or, in the worst case, destroyed. This is a serious charge that targets individuals who are perceived to be acting with a reckless disregard for animal health and the broader agricultural community, affecting livelihoods and public trust in places like Cloquet and Proctor.

The Law on the Books: Minnesota Statute 609.599

Minnesota Statute 609.599, titled “EXPOSING DOMESTIC ANIMALS TO DISEASE,” is designed to protect Minnesota’s agricultural industry and the health of its domestic animal populations from intentional harmful acts. Its purpose is to deter individuals from engaging in practices that could lead to widespread disease, quarantines, or the destruction of animals, safeguarding the economic stability of farmers and the state’s food supply, particularly in areas like Duluth and Two Harbors.

Subdivision 1.Gross misdemeanor. (a) A person who intentionally exposes a domestic animal to an animal disease contrary to reasonable veterinary practice, or intentionally puts a domestic animal at risk of quarantine or destruction by actions contrary to reasonable veterinary practice, is guilty of a gross misdemeanor.
    (b) The provisions of paragraph (a) do not apply to a person performing academic or industry research on domestic animals under protocols approved by an institutional animal care and use committee.
Subd. 2.Civil liability. A person who violates subdivision 1 is liable in a civil action for damages in an amount three times the value of any domestic animal destroyed because it has the disease, has been exposed to the disease agent, or is at high risk of being exposed to the disease agent because of proximity to diseased animals.
Subd. 3.Definition. For purposes of this section, "domestic animal" means:
    (1) those species of animals that live under the husbandry of humans;
    (2) livestock within the meaning of section 35.01, subdivision 3;
    (3) a farm-raised deer, farm-raised game bird, or farm-raised fish; or
    (4) an animal listed as a domestic animal by a rule adopted by the Department of Agriculture.

The Prosecution’s Burden: Elements of Exposing Domestic Animals to Disease

For the state to secure a conviction for Exposing Domestic Animals to Disease, the prosecution must prove every single element of the crime beyond a reasonable doubt. This is a formidable burden, and if a skilled defense attorney can demonstrate that even one element has not been proven, the entire case against you must fail. This is the cornerstone of your defense, and understanding these elements is critical to dismantling the state’s case piece by piece.

  • Intentional Exposure or Risk: The prosecution must prove that you intentionally exposed a domestic animal to an animal disease, or intentionally put a domestic animal at risk of quarantine or destruction. This is a crucial element: it’s not enough to show that disease spread; they must prove your actions were deliberate and calculated to cause that exposure or risk. This requires demonstrating your specific state of mind, which can often be challenged if direct evidence is lacking or ambiguous.
  • Contrary to Reasonable Veterinary Practice: The state must establish that your intentional actions were contrary to reasonable veterinary practice. This element is critical and requires the prosecution to present evidence, often through expert testimony, regarding accepted standards of animal care, biosecurity, and disease prevention. If your actions, though perhaps flawed, were not demonstrably outside these accepted practices, or if what constitutes “reasonable” practice is debatable in your specific context, this element can be fiercely contested.
  • Domestic Animal Identification: The prosecution must conclusively prove that the animal or animals involved meet the statutory definition of a “domestic animal.” This includes animals under human husbandry, livestock (like cattle, pigs, sheep), farm-raised deer, game birds, or fish, or other animals designated by the Department of Agriculture. If the animals in question do not precisely fit these definitions, the charge itself may be inappropriate.
  • Actual Exposure or Risk of Quarantine/Destruction: The state must prove that your actions led to either actual exposure of a domestic animal to an animal disease or created a risk of quarantine or destruction for a domestic animal. This means they need to show a clear link between your specific conduct and the outcome for the animals. This often involves veterinary evidence, lab results, or evidence of significant risk factors directly attributable to your intentional actions. The causal link must be undeniable.

The Potential Outcome: Penalties for an Exposing Domestic Animals to Disease Conviction

A conviction for Exposing Domestic Animals to Disease in Minnesota carries serious penalties that can significantly impact your life, your livelihood, and your standing in the community. This offense is classified as a gross misdemeanor, reflecting the state’s concern for animal health and agricultural integrity.

  • Gross Misdemeanor Conviction: If you are convicted under Subdivision 1, you face a gross misdemeanor conviction. In Minnesota, a gross misdemeanor can result in a sentence of up to one year in county jail and/or a fine of up to $3,000. While not a felony, a gross misdemeanor conviction still leaves a significant and lasting mark on your criminal record, which can have profound long-term consequences.
  • Civil Liability (Mandatory Damages): Beyond the criminal penalties, a conviction under this statute carries a severe mandatory civil liability under Subdivision 2. You will be liable for damages in a civil action in an amount three times the value of any domestic animal destroyed because it has the disease, has been exposed to the disease agent, or is at high risk of being exposed due to proximity to diseased animals. This means if animals had to be culled, the financial cost to you could be crippling, potentially totaling tens or hundreds of thousands of dollars, depending on the number and type of animals involved. This civil penalty is separate from any criminal fine and is designed to recover significant financial losses.
  • Collateral Consequences: As with any criminal conviction, even a gross misdemeanor, you will face significant collateral consequences. These include a permanent criminal record, which can create barriers to employment, especially in any industry related to animal husbandry or agriculture. It can also impact housing opportunities and severely damage your professional reputation within the agricultural community in Northern Minnesota, potentially leading to social ostracism and loss of trust.

The Battle Plan: Building Your Strategic Defense

An accusation is not a conviction. This is the unwavering truth that guides every step of the defense strategy. When facing a charge as serious as Exposing Domestic Animals to Disease, the immediate shock and fear can make it feel as though the fight is already lost. But nothing could be further from the truth. The state has made an accusation, and that accusation is merely the starting gun for a rigorous, strategic counter-offensive designed to protect your rights, challenge every piece of the prosecution’s narrative, and secure your freedom. This is not a moment for passive acceptance; it is a moment for a relentless, proactive defense.

The state’s case, no matter how confident they may appear, is built on evidence that must be meticulously tested, scrutinized, and often, dismantled. Every veterinary report, every witness statement, every piece of circumstantial evidence—all of it is subject to intense challenge. Your defense is not about merely reacting to the prosecution; it’s about taking command of the narrative, exposing weaknesses in their arguments, and presenting a compelling case that highlights reasonable doubt or outright innocence. This is where a dedicated Duluth defense attorney steps in, transforming a daunting legal challenge into a strategic battle that you are equipped to win. The fight begins the moment you face that charge, and it will be fought with unwavering commitment to your defense.

How an Exposing Domestic Animals to Disease Charge Can Be Challenged in Court

A charge of Exposing Domestic Animals to Disease can be challenged on multiple fronts. A skilled defense attorney will meticulously examine every detail of the state’s case to identify weaknesses and build a robust defense strategy tailored to the specific circumstances of your situation.

  • Lack of Intent:The law requires that you “intentionally” exposed animals to disease or “intentionally” put them at risk. This is a high bar for the prosecution. If your actions, while perhaps regrettable, were not deliberately aimed at causing disease exposure or risk of quarantine/destruction, then a key element of the crime is missing.
    • Accidental Contamination: It can be argued that any exposure or risk was purely accidental, a result of negligence, or an unforeseen circumstance rather than a deliberate act. The prosecution must prove intent, not just that a disease spread.
    • Lack of Knowledge: You may not have known about the disease’s presence, the specific risk, or that your actions would lead to the alleged outcome. If there’s no proof of your knowledge, the intent element is difficult to establish.
    • Other Motivations: Perhaps there were other, non-criminal motivations for your actions that do not align with the specific intent to expose animals to disease. For example, poor but not malicious husbandry practices.
  • Compliance with Reasonable Veterinary Practice:A core element is that your actions must be “contrary to reasonable veterinary practice.” This opens a significant avenue for defense, requiring the state to prove a deviation from accepted standards.
    • Alternative Practices: What one veterinarian deems “reasonable” may differ from another, especially in varied agricultural contexts. A defense can introduce evidence of alternative, yet still reasonable, practices that you followed.
    • Misinterpretation of Practice: The state may misunderstand your specific practices or the context in which they occurred. Your attorney can work with animal husbandry experts to demonstrate your practices were, in fact, reasonable given the circumstances.
    • No Standard Deviation: It can be argued that your actions, while perhaps leading to an unfortunate outcome, did not actually deviate from widely accepted “reasonable veterinary practice” for your specific situation.
  • Identification of Domestic Animal:The statute applies only to “domestic animals” as specifically defined. If the animals involved in the alleged incident do not meet these precise definitions, the charge itself may not apply.
    • Not a Defined Animal: The animal in question might not fall under the statutory categories of livestock, farm-raised deer, game birds, fish, or other species designated by the Department of Agriculture.
    • Wild Animals: If the animals were wild, not under human husbandry, the statute does not apply. The prosecution must clearly distinguish between domestic and wild animals.
    • Misclassification: There could be a dispute over the classification of the animal, especially in unique or evolving agricultural practices, which your attorney can challenge.
  • Lack of Causation or Risk:The prosecution must prove that your actions either directly caused the exposure to disease or directly created the risk of quarantine or destruction. If the connection between your actions and the outcome for the animals is weak or non-existent, the case falters.
    • Alternate Source of Disease: The disease could have been introduced by another source, through no fault of your own, such as migratory birds, neighboring farms, or contaminated feed not under your control.
    • Pre-existing Condition: The animals may have already been diseased or at risk due to pre-existing conditions or vulnerabilities that predate your alleged actions.
    • No Actual Risk: Even if you took some action, the defense can argue that it did not, in fact, create a “high risk” of quarantine or destruction as required by the statute, or that the risk was negligible.

Defense in Action: Scenarios in Northern Minnesota

Applying legal principles to real-world situations in communities like Bemidji, Cloquet, or Two Harbors is where a strategic defense truly shines. Every case is unique, and a personalized approach is vital.

  • Scenario in Bemidji:Imagine a Bemidji farmer who, due to an unexpected family emergency, had to leave their property for a day and could not immediately move newly purchased livestock into a segregated quarantine area as quickly as ideal. During that brief period, a disease is detected in the new animals, and the farmer is accused of intentionally exposing them by failing to quarantine immediately.A strong defense would focus on the lack of intent. While the quarantine was delayed, it was due to an unforeseen emergency, not a malicious intent to expose animals to disease. The defense would also bring in evidence that the farmer consistently adheres to reasonable veterinary practices in general, and that this single, emergency-driven deviation, while unfortunate, did not constitute an “intentional” act contrary to reasonable practice designed to cause exposure or risk. The farmer was trying to manage a crisis, not spread disease.
  • Scenario in Cloquet:Consider a situation in Cloquet where an individual is accused of exposing backyard chickens to a disease by allowing them to share a common water source with wild birds. The state alleges this is contrary to reasonable veterinary practice for disease prevention.Here, a defense might challenge what constitutes “reasonable veterinary practice” for hobbyist backyard chicken keeping versus commercial operations. An attorney could argue that while best practices might include strict separation, for a small-scale, non-commercial setup in Cloquet, this practice isn’t inherently “contrary” to reasonable (i.e., common or typical) practices for that scale. Furthermore, the defense could introduce evidence of lack of intent, suggesting the individual simply wasn’t aware of the specific risk or that wild birds carried the disease, rather than deliberately trying to expose their flock.
  • Scenario in Proctor:In Proctor, a small-scale animal rescuer is accused of intentionally putting rescued animals at risk of quarantine by introducing an animal with a suspected illness into a general population without proper isolation. The animals are later quarantined.The defense would vigorously pursue the lack of intent. The rescuer’s primary motivation is animal welfare, not spreading disease. While their judgment might have been flawed, the action likely stemmed from a desire to help the animal quickly or a misdiagnosis, not an “intentional” desire to put animals at risk. Furthermore, the defense could challenge whether the rescuer’s actions, within the context of a rescue operation often dealing with unknown animal histories, were truly “contrary to reasonable veterinary practice” for that specific, challenging environment, rather than a commercial farm.
  • Scenario in Two Harbors:A person in Two Harbors, who handles fish farming, is accused of intentionally exposing farm-raised fish to a disease by neglecting proper water filtration, leading to a disease outbreak. The state points to prior warnings about the filtration system.This case calls for a robust challenge to lack of intent and a deeper look into the definition of “contrary to reasonable veterinary practice.” The defense would argue that any neglect of the filtration system was due to financial hardship or technical issues, not a deliberate intent to cause a disease outbreak. The term “reasonable veterinary practice” can be debated—perhaps the filtration issues were common, or the warnings were not severe enough to imply intentional exposure. The defense would investigate alternative causes for the outbreak, such as external contaminants or other environmental factors, breaking the direct causal link to the client’s alleged intentional action.

The Advocate: Why a Dedicated Duluth Defense Attorney is Essential

When your world is upended by a charge as serious as Exposing Domestic Animals to Disease, simply reacting to the state’s aggressive prosecution is not enough. You need more than just a lawyer; you need a dedicated, relentless fighter who understands the specific terrain of Northern Minnesota’s legal landscape. This is where a committed Duluth defense attorney becomes not just an asset, but an absolute necessity.

Countering the Resources of the State

The state, whether in St. Louis County or throughout Minnesota, commands immense resources in its pursuit of a conviction. They have an army of prosecutors, investigators from agricultural departments, and sometimes even veterinary experts, all dedicated to building a case against you. They have the power of the police, access to extensive databases, and significant funding to conduct their investigations. Facing this overwhelming force alone is like bringing a knife to a gunfight. A dedicated Duluth defense attorney provides the critical counterweight, bringing specialized legal knowledge, investigative resources, and a strategic mind to level the playing field. This attorney will scrutinize every report, challenge every witness, and ensure that the full weight of the state’s power is met with an equally powerful defense.

Strategic Command of the St. Louis County Courts

Navigating the complexities of the St. Louis County court system, with its specific rules, procedures, and local nuances, requires more than just legal knowledge; it demands strategic command. Each courthouse, from Duluth to Two Harbors, has its own rhythm, its own presiding judges, and its own local customs. An attorney intimately familiar with these local courts understands the unspoken rules, the tendencies of particular prosecutors, and the most effective ways to present a defense within that specific environment. This strategic command means knowing when to negotiate, when to push, and when to pivot. It means understanding how to select a jury that will listen, how to present evidence effectively to a local jury, and how to articulate your defense in a way that resonates with the unique perspectives of Northern Minnesota, particularly concerning agricultural matters. It is this local insight, combined with unwavering legal skill, that can make the difference between a devastating conviction and a victorious outcome.

Fighting for Your Story, Not Just the Government Report

When state agencies create their reports concerning animal health, they are documenting their version of events, often through a narrow lens designed to build a case for the prosecution. Your story, your perspective, and the crucial context surrounding the accusation are often overlooked or outright ignored. A dedicated Duluth defense attorney understands that the initial reports are merely one piece of a much larger, more complex puzzle. This attorney will relentlessly investigate every angle, interview witnesses the agencies may have missed, uncover evidence that paints a more complete picture, and challenge the government’s interpretation of events or veterinary practices. Your attorney will fight to ensure that your story—your genuine intentions, the accidental nature of an event, the economic realities you faced, or the fact that your practices were, in fact, reasonable—is heard, understood, and championed in court. It is about humanizing you, exposing the flaws in the state’s narrative, and making sure that the court sees you as more than just a name on a report.

An Unwavering Commitment to a Winning Result

For an individual accused of Exposing Domestic Animals to Disease, the stakes could not be higher. Your reputation, your livelihood, and your very future are on the line, compounded by the significant financial liabilities a conviction carries. A dedicated Duluth defense attorney approaches every case with an unwavering commitment to achieving the best possible outcome—a winning result, whatever that may look like for your specific circumstances. This commitment means relentless preparation, aggressive negotiation, and a willingness to take your case to trial if that is what it takes to protect your rights. It means working tirelessly to expose every weakness in the prosecution’s case, to present every available defense, and to fight for every advantage. This isn’t just a job; it’s a personal commitment to stand with you against the power of the state, ensuring that you have a powerful advocate fighting for your freedom at every turn.


Your Questions Answered

What does “reasonable veterinary practice” mean in this context?

“Reasonable veterinary practice” refers to the generally accepted standards and methods for animal care, disease prevention, and biosecurity within the veterinary community. It’s often determined by testimony from veterinarians and can vary slightly based on the type of animal husbandry (e.g., hobby farm vs. large commercial operation).

Can I be charged if I unknowingly spread a disease?

No. The statute explicitly requires that a person “intentionally exposes” or “intentionally puts… at risk.” If you genuinely did not know about the disease or the risk, and your actions were not deliberate in causing exposure or risk, you should not be charged under this specific statute.

What kinds of animals are considered “domestic animals” under this law?

“Domestic animals” include those under human husbandry (like pets or farm animals), livestock as defined in Minnesota Statute 35.01 (e.g., cattle, sheep, pigs, horses), farm-raised deer, farm-raised game birds, farm-raised fish, and any animal listed as domestic by the Department of Agriculture.

What are the criminal penalties for a conviction?

A conviction for Exposing Domestic Animals to Disease is a gross misdemeanor. This can result in a sentence of up to one year in county jail and/or a fine of up to $3,000.

What is the civil liability I might face?

In addition to criminal penalties, you are civilly liable for damages equal to three times the value of any domestic animal destroyed because it contracted the disease, was exposed, or was at high risk due to your actions. These costs can be substantial, especially for valuable livestock.

Does this law apply to academic or industry research?

No. Subdivision 1(b) explicitly states that the provisions of the gross misdemeanor charge do not apply to a person performing academic or industry research on domestic animals under protocols approved by an institutional animal care and use committee.

What if I was trying to help an animal, but it led to disease exposure?

Your intent is critical. If your actions, though perhaps misguided, were genuinely aimed at helping the animal and not intentionally exposing it to disease or risk, then the prosecution would struggle to prove the necessary intent for a conviction under this statute.

Will a conviction affect my ability to own animals in the future?

While this specific statute doesn’t contain a direct prohibition on future animal ownership, any criminal conviction related to animal welfare can lead to court-imposed restrictions or be used as a factor in future animal cruelty cases or licensing decisions.

How is the “value” of an animal determined for civil liability?

The “value” of an animal for civil liability purposes would typically be determined by its market value, considering factors like breed, age, health, and productive capacity (e.g., milk production for a dairy cow, breeding potential). Expert appraisers or agricultural economists may be used.

Can this charge be reduced to a lesser offense?

It is often possible to negotiate with the prosecutor for a reduction to a lesser offense, such as a different type of misdemeanor, especially if there are weaknesses in the state’s case regarding intent or deviation from reasonable veterinary practices. This depends on the specific facts and your attorney’s negotiation skills.

What kind of evidence would the state use to prove “contrary to reasonable veterinary practice”?

The state would likely present testimony from veterinarians, animal health officials, or agricultural experts who would explain accepted veterinary practices and then argue how your actions deviated from those standards. They might also use records, observations, or laboratory results.

How quickly should I contact an attorney if charged?

Immediately. Given the severe criminal and civil penalties, early intervention by a dedicated criminal defense attorney is crucial. They can start investigating, gather their own expert opinions, and begin building your defense before the state’s case solidifies.

Does this apply to pets, or just farm animals?

The definition of “domestic animal” includes “those species of animals that live under the husbandry of humans,” which typically covers common household pets, in addition to livestock, farm-raised deer, game birds, and fish.

Can I be charged if the disease was already present on my property?

The key is whether your actions intentionally exposed animals to that disease, or intentionally put them at risk, contrary to reasonable veterinary practice. If the disease was already there and you were following appropriate biosecurity measures, or if your actions were not intentional, you should not be charged.

What if I was following advice from someone who wasn’t a licensed veterinarian?

If you relied on advice from someone not recognized as a “reasonable veterinary practice,” it might still be a challenge for the defense. However, your attorney could argue that your intent was not malicious and that you genuinely believed you were following sound advice, mitigating the “intentional” element.