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It's all wording.
"A new series of downs is awarded as follows:...considering the effect of any act during the down and any dead-ball foul."
Rule 5-3-1 states "The line to gain is 10 yards in advance of the ball's foremost point when a new series of downs is awarded. When a new series of downs is awarded, the penalties for all fouls (including nonplayer and unsportsmanlike) committed prior to the ready-for-play signal shall be administered before the line to gain is established. The line to gain then remains fixed until the series ends and a new line to gain is established."
In 1997 the rule and the wording of 5-3-1 was revised from "The line to gain is 10 yards in advance of the ball's foremost point when a new series of downs is awarded. The line-to-gain is established at the end of the down in which a new series is awarded and after considering the effect of any act which occurs during the down other than a nonplayer or unsportsmanlike foul. The line to gain then remains fixed until the series ends and a new line to gain is established.
Those changes to 5-1-2 and 5-3-1 were part of a package in 1997 that was established to always give the offense 1st and 10 and no longer 1st and 25 or something more than 10.
There were a number of examples of the new enforcement with most developed around 4th down. Here are appropriate examples to the question posed here from the 1997 Case Book.
Fourth and 2 on B's 25-yard line. A1 is tackled at the 26, short of the line to gain, and B2 then piles on. Ruling The referee shall signal a change of possession by signaling first down toward A's goal. The penalty for B2's dead-ball foul is administered and the line-to-gain equipment then set, making it first and 10 for Team B from their own 13-yard line.
or,
Third and 10 for A from B's 40-yard line. A1 gains 10 yards and is downed on B's 30. A2 taunts B1 during the run. Ruling Since the live-ball action gave A a new series, the line to gain shall be established after A is penalized for A2's unsportsmanlike act, it will be first and 10 for A from B's 45-yard line.
I agree the wording for 5-1-2 is confusing but the substance is you first determine if you have a first down. Then you enforce the appropriate dead ball or unsportsmanlike before setting the chains.
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