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NAC Update: Nevada - AB49 signed

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  • NAC Update: Nevada - AB49 signed

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    Copyright 2015 by the Naturist Action Committee, which is responsible
    for its content. Permission is granted for the posting, forwarding or
    redistribution of this message, provided that it is reproduced in its
    entirety and without alteration.

    DATE : June 10, 2015
    SUBJECT: Nevada Assembly Bill 49
    TO : Nevada naturists and other concerned citizens

    This is an Update from the Naturist Action Committee (NAC). Despite the efforts of NAC and the organizations that worked with NAC to stop Nevada Assembly Bill 49 from becoming law, Governor Sandoval signed the much-amended measure on June 8, 2015. The signing was reported on June 9 by the Nevada Legislative Information System. AB 49 will become Nevada law on October 1 of this year.


    Changes to existing Nevada state law brought about by AB 49 will allow law enforcement agents to charge an individual with a felony if he or she "makes any open and indecent or obscene exposure of his or her person" "in the presence of a child under the age of 18 years."

    Nevada Revised Statute 201.220, which is an existing Nevada law modified by AB 49, follows the common law definition of exposure, even if it doesn't say so explicitly, and even if no body parts to be hidden are enumerated in the law. In a review of NRS 201.220, the Nevada Supreme Court has said that people are just expected "to know which body parts they exhibit at their peril." In Nevada, simple nudity is routinely charged under NRS 201.220, regardless of intent.


    Much of the attention paid to AB 49 was because of the portion of the bill that will criminalize so-called "revenge porn."


    In its NAC Action Alert of June 3, 2015, the Naturist Action Committee asked you to write to the General Counsel for Nevada's Governor, requesting a veto of AB 49. A gratifyingly large number of you responded. Many of you shared your letters with us. Although the outcome this time was not as we wished, you have taken the time and effort to make a difference, and that's important. NAC THANKS YOU!


    When NAC issued its Action Alert on June 3, several organizations helped by spreading the word. Among those were:
    The Naturist Society
    American Assn for Nude Recreation
    Gay Naturists International
    B.E.A.C.H.E.S. Foundation
    Young Naturists America

    NAC singles out for special acknowledgment the Western Region of the American Association for Nude Recreation for its early commitment to split with NAC the cost of a legislative lobbyist.

    NAC thanks all who helped!


    The Governor's signing of AB 49 does not come as a total surprise, but it's a terrible disappointment. Although the effort at this moment resembles a post-mortem more than a counterattack, NAC has already begun making plans for reversing or mitigating the damage caused by the new law. That will not be an easy task.

    Meanwhile, NAC has compiled a list of Nevada attorneys who are skilled in defending the charges associated with the new law. We'll continue adding to the list. While it's not likely that the lawyers on the list will work for free, identifying qualified legal counsel is quite valuable.


    You can find additional information, including this NAC Update and the NAC Action Alert of June 3, at or by visiting the NAC web site and clicking on ALERTS.


    Even when we suffer a setback, it's important for NAC to ask for your continued support. In fact, when we've been dealt a loss, your support becomes more important than ever.

    The Naturist Action Committee is a nonprofit volunteer adjunct to The Naturist Society, a membership organization. NAC is committed to vigorous activism on behalf of naturists, and NAC relies entirely on the voluntary financial support of concerned naturists like YOU.

    Won't you please send a generous donation to NAC?

    PO Box 132
    Oshkosh, WI 54903

    Or call toll free (800) 886-7230 (8AM-4PM, Central Time, weekdays) to donate by phone using your MasterCard, Visa or Discover Card. Or use your credit card to make a convenient online donation:

    Thank you once again for choosing to make a difference.

    Bob Morton
    Executive Director
    Naturist Action Committee

    Naturist Action Committee (NAC) - PO Box 132, Oshkosh, WI 54903
    Executive Dir. Bob Morton - <[email protected]>
    Board Member Charles Harris - <[email protected]>
    Board Member Allen Baylis - <[email protected]>
    Online Rep. Dennis Kirkpatrick - <[email protected]>

  • #2
    I'm very sorry to hear the battle against this law did not succeed.

    As I recall from the previous action alert, a plain reading of the law would make nudity in locker rooms where minors are present, and even using urinals in the presence of minors a violation. Is there any plan to preemptively file complaints and get people charged under this law to force the court to clarify the intent? Or does this turn into a law that pretty much everyone violates, and law enforcement gets to pick and choose who to prosecute?

    - Jasen.


    • #3
      As noted in the posting, the law will not go into effect for several months. NAC is now looking into what can be done next to alleviate some of these concerns.

      As with most legislation issues, and in many areas of the country, it is possible for emotions to get the best of people, especially when pressured from a constituency. As noted the thrust of this bill was the "revenge porn" aspect.

      There are no rules, codes, or laws to prevent a legislature from creating and passing bad law. You do your best to stop it before it is signed. That of course presumes that rational ears will listen, absorb, and understand, which is not always the case.