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HTBT, but neither is a balk.
A base that was occupied at TOP is always legit to throw to. You are also allowed to throw to a base where a play can be made.
Now ... 2 STEPS off 1st, and a throw to 2nd? Balk - no play was being made. There's no line in the sand for the runner to cross for you to say "Balk or no balk". It's your judgement - is a play being made?
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