NAC Action Alert
LEGISLATIVE BILL: NEVADA 2015 ASSEMBLY BILL 49
Advisory issued: June 3, 2015

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Nevada
EXISTING STATE LAW

TEXT OF LEGISLATION
ASSEMBLY BILL 49

NAC Update

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                     NATURIST ACTION COMMITTEE
                           ACTION ALERT
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http://www.naturistaction.org
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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 3, 2015
SUBJECT: Nevada Assembly Bill 49
TO: Nevada naturists and other concerned citizens

Greetings.

This is an Action Alert from the Naturist Action Committee (NAC). In coordination with the government affairs committee of AANR-West, NAC is asking you to take specific action to oppose a dangerous and poorly worded legislative bill in Nevada. Assembly Bill 49 is on the desk of the Governor, and if you are a Nevada resident, NAC asks that you contact the Governor's office immediately and request that the poorly worded bill be vetoed.

QUICK BACKGROUND
Assembly Bill 49 is a conglomeration of additions and amendments to existing Nevada law. It was proposed by State Attorney General Adam Laxalt, whose political endorsers include Dick Cheney, John Bolton, Newt Gingrich, Frank Fahrenkopf, Tom Ridge, Donald Rumsfeld, and Ed Meese.

The bill has gained its greatest attention because of the "revenge porn" measure that leads off the 20 page bill text. Although some analysts apparently stopped reading after that part, the portion of the bill that should be of greatest interest to naturists is found on page 12 and 13.

If signed into law by Nevada Governor Brian Sandoval, AB 49 would make a felon of any person "who 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." In Nevada, "indecent exposure" means simple nudity, regardless of intent.

Despite the best efforts of NAC and its allies, the Nevada legislature has passed AB 49. The Nevada Senate even extended an important floor vote past the established deadline, so that it could vote on (and pass) Assembly Bill 49. The bill has gone to the Governor, and we're trying to stop it there by asking you to request that he veto the measure.

WHAT IS NAC ASKING YOU TO DO?
If you are a Nevada resident, NAC is asking you to do just ONE THING:

   1) immediately contact the Nevada Governor's General Counsel, and request that the Governor veto AB 49.

CONTACT THE GOVERNOR'S GENERAL COUNSEL
Call or e-mail NOW. Time is critical. Regular postal mail may not make it in time.

  Ms. Michon A. Martin
  General Counsel
  Office of the Governor
  101 M. Carson Street
  Carson City, NV 89701

  TEL 775-684-5670
  FAX 775-684-5683
  EMAIL michonmartin@gov.nv.gov

WHO SHOULD WRITE?
The Naturist Action Committee is addressing this NAC Action Alert to Nevada residents. Realistically, if you are from outside Nevada, your input to the Governor is likely to be discounted. If you live elsewhere, but are a frequent visitor to Nevada, or have family members there, or do business there, then please write.

WHAT SHOULD YOU SAY?
When you're writing, be polite and concise. Mention that you are a Nevada resident or have Nevada connections. Anonymous comments are typically ignored.

NAC is not asking for you to recite the standard list of naturist and nudist arguments. Although one of the six suggestions below is naturist-specific, those sorts of arguments will not win the day by themselves. Here are some simple points you may wish to make. Choose one or two; please do not just copy these suggestions.

  1. Sections 13 and 14 of Assembly Bill 49 are inappropriate and overbroad solutions for the problem of abuse of minors. AB 49 is not narrowly crafted, and it would make felons of citizens who should not be such targets. AB 49 would make bad law for the State of Nevada.

  2. AB 49 enhances the punishment for a poorly written exposure law that doesn't specify location. By failing to say "in a public place," the existing statute pokes its finger into the homes and private places of Nevadans. AB 49 proposes to increase the penalty.

  3. The proposed law would make a felon of any adult who is nude, even momentarily, in a locker room at the gym or the swimming pool, if there also happens to be a child in the locker room, perhaps being assisted by a parent. Parents with children will become pariahs among other adults, with benign situations making other adults fearful, due to the State's threat of punishment through the poorly considered "enhancement" proposed by AB 49.

  4. The proposed law would make a felon of any man who stands at a urinal in a public restroom and uses it for its intended purpose, if a child happens to be present in the restroom at the same time.

  5. Naturists and nudists believe that parents have the right to include their children in wholesome, nonsexual clothing-optional settings. Naturist parents have the right to imbue their children with their naturist values. The "enhancements" of AB 49 make it more likely that aggressive enforcement and prosecution will place innocent naturist families in harm's way. Of course, a naturist parent facing felony prosecution would be forced to make an expensive legal defense. There would be no choice. The added burden to the State might be minimal, but the burden for individuals who are forced to defend themselves would be huge.

  6. Assembly Bill 49 is a further erosion of personal freedoms and individual liberties, in a clumsy attempt to address a social issue. The State is right to address social issues, but it must not do so in such an artless way. AB 49 should be vetoed and rewritten next session.

PLEASE COPY NAC ON YOUR CORRESPONDENCE
You can help the effort by letting us know what you've said. Please send copies of your correspondence to NAC. E-mail works best.

     nevadacomments@naturistaction.org

WHAT IS NAC DOING?
NAC began following AB 49 carefully at its introduction. When it became evident that the bill was a viable threat, NAC hired a professional legislative lobbyist to assist in dealing with the legislation.

NAC acknowledges and thanks the Western Region of the American Association for Nude Recreation for its early commitment to split the cost of a lobbyist with NAC, and for its follow-through in doing so, when the expense became necessary.

NAC has worked with Nevada lawmakers concerning AB 49, and with other organizations that have found fault with the bill. Those include the Nevada ACLU.

ADDITIONAL INFORMATION
You can find additional information, including this NAC Action Alert, at naturistaction.org/nevada or by visiting the NAC web site www.naturistaction.org and clicking on ALERTS.

On NAC's Action Alert page for Nevada AB 49, you'll find links to the various texts of the proposed law, along with adopted amendments and the texts of the existing laws on which we're focusing.

PLEASE HELP NAC CONTINUE HELPING NATURISTS!
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. NAC has no membership roster and receives no dues money. NAC relies entirely on the voluntary financial support of concerned naturists like YOU.

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

   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:

   www.naturistaction.org/donate/

Thank you for choosing once again to make a difference.

Naturally,
Bob Morton
Executive Director
Naturist Action Committee

---------------------------------------------------------------
Naturist Action Committee (NAC) - PO Box 132, Oshkosh, WI 54903
Executive Dir. Bob Morton       - <
execdir@naturistaction.org>
Board Member Charles Harris     - <
carlopianoforte@gmail.com>
Board Member Allen Baylis       - <
rab@baylislaw.com>
Online Rep. Dennis Kirkpatrick  - <
naturist@sunclad.com>
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ADDITIONAL NOTES
   by NAC Executive Director Bob Morton

       Sections 13 and 14 of AB 49 expand the breadth and increase the penalty for Nevada Revised Statutes (NRS) 201.210 and 201.220. Both are strict liability laws dealing with exposure.

       Strict liability means that you can be found guilty for being nude, even if you had no intent to offend, provoke, alarm, arouse, or gratify.

       The Nevada Supreme Court has declared (in State v. Castaneda, 2010) that NRS 201.220 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 Nevada, simple nudity is routinely charged under NRS 201.220.

       Assembly Bill 49 would modify NRS 201.220, so that mere nudity in the presence of a child under the age of 18 would be punished as a felony.