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The prosecution charged an offense after disputed facts raised questions about intent, causation, and grading. Two legally significant facts point in different directions and the decision maker must determine which fact controls. The opponent argues that a bright-line label decides the dispute.
How should the court, tribunal, or decision maker resolve the dispute? Discuss the strongest arguments for each side, state the controlling rule for criminal offense elements and punishment, apply it to the material facts, and explain the likely remedy or consequence.

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