© Naturist Action Committee      www.naturistaction.org

KENTUCKY

Kentucky Revised Statutes (excerpts)

TITLE L - KENTUCKY PENAL CODE
Chapter 510 Sexual Offenses

510.148 Indecent exposure in the first degree.
(1) A person is guilty of indecent exposure in the first degree when he intentionally exposes his genitals under circumstances in which he knows or should know that his conduct is likely to cause affront or alarm to a person under the age of eighteen (18) years.

(2) Indecent exposure in the first degree is a:

     (a) Class B misdemeanor for the first offense;

     (b) Class A misdemeanor for the second offense, if it was committed within three (3) years of the first conviction;

     (c) Class D felony for the third offense, if it was committed within three (3) years of the second conviction; and

     (d) Class D felony for any subsequent offense, if it was committed within three (3) years of the prior conviction.

    Effective: July 13, 2004
    History: Created 2004 Ky. Acts ch. 190, sec. 1, effective July 13, 2004.

_________________________________

510.150 Indecent exposure in the second degree.
(1) A person is guilty of indecent exposure in the second degree when he intentionally exposes his genitals under circumstances in which he knows or should know that his conduct is likely to cause affront or alarm to a person eighteen (18) years of age or older.

(2) Indecent exposure in the second degree is a Class B misdemeanor.

    Effective: July 13, 2004
    History: Amended 2004 Ky. Acts ch. 190, sec. 2, effective July 13, 2004. -- Created 1974 Ky. Acts ch. 406, sec. 95, effective January 1, 1975.

_________________________________

    [NAC NOTE: Since 1968, the state of Kentucky has allowed "nudist societies" to exist in the state - but only with the consent of a local judge or executive. As a practical matter, that consent is nearly impossible to obtain from locally elected officials who fear voter disapproval. However, officials typically retain the required application fee while they "consider" an application that will never be acted upon. There have been no reports that the fee has ever been refunded. Text from the various section of Kentucky law pertaining to "nudist societies" is given below.]

TITLE XIX - PUBLIC SAFETY AND MORALS
Chapter 232 Nudist Societies

232.010 Nudist defined.
As used in this chapter, "nudist" means any person who displays any part of his private person naked before persons of the opposite sex, not his husband or wife, at their solicitation or with their consent, for religious or health purposes, excepting for purposes of examination and treatment by physicians.

    History: Amended 1968 Ky. Acts ch. 203, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3727b-1.

232.021 License required for operation of society -- Application -- Fee -- Expiration -- Renewal.
No person shall own or operate a nudist society unless he first secures a license from the county judge/executive in the county in which the nudist society will be located. Any person who desires a license shall file an application with the county clerk setting forth the name and address of the owner of the premises upon which the nudist society will be located and the name of the operator, the occupation of the owner or operator, the reason for forming the society and its purpose, the location of the area of the proposed nudist society, and a description of the physical facilities and precautions to be taken which will assure privacy of members and concealment and reasonable isolation of the nudists from the public. If the county judge/executive finds that the character of the applicant is good, the nudist society is proposed to be conducted for religious or health purposes, the facilities appear adequate and the nudist society will be so located or screened or housed, and so operated, as to give reasonable assurance that its activities will be effectively concealed and its members reasonably isolated from the ordinary view and presence of the general public, the county judge/executive shall issue the license upon payment of a fee of one hundred dollars ($100). Each license to operate a nudist society shall expire one (1) year from issuance but may be renewed annually upon payment of a renewal fee of fifty dollars ($50).

    Effective: June 17, 1978
    History: Amended 1978 Ky. Acts ch. 384, sec. 371, effective June 17, 1978. -- Amended 1968 Ky. Acts ch. 203, sec. 2. -- Created 1968 Ky. Acts ch. 203, sec. 2.

232.031 Revocation of license -- Grounds.
A license to operate a nudist society may be revoked by order of the county judge/executive at any time, following a hearing upon reasonable notice to the licensee and a finding by the county judge/executive that:

(1) The activities of the nudist society are not being effectively concealed from the ordinary view of the public, or

(2) The activities of the nudist society are not sufficiently isolated from the public, or sufficient precautions are not being taken to exclude the presence of nonmembers, or

(3) The nudist society is not being operated in accordance with the purpose for which it was licensed, or

(4) The owner or operator has been convicted of a felony, or a misdemeanor involving disorder or breach of the peace arising out of the operation of the nudist society.

    Effective: June 17, 1978
    History: Amended 1978 Ky. Acts ch. 384, sec. 372, effective June 17, 1978. -- Created 1968 Ky. Acts ch. 203, sec. 3.

232.041 Inspection of society -- Register of members required.
Each licensed nudist society shall be subject to such reasonable inspection by the sheriff or deputies designated by him as may reasonably be deemed necessary to enforce KRS 232.010 to 232.041 and 232.991, and acting in a reasonable manner sheriffs or deputy sheriffs shall have the right to go upon the private property and gain access to the buildings or inclosures of licensed nudist societies. The owner, operator, or person in charge of a nudist society shall keep a register of names and addresses of members of the society which shall be made available for inspection by proper authorities upon order of the county judge/executive.

    History: Created 1968 Ky. Acts ch. 203, sec. 4.

232.991 Operating society without license, penalty.
Any person who owns or operates a nudist society, whether for religious or health purposes, without a valid license from the county judge/executive shall be fined not less than five hundred ($500) nor more than one thousand dollars ($1,000), or imprisoned in the county jail for not less than ten (10) nor more than thirty (30) days, or both fined and imprisoned.

    Effective: June 17, 1978
    History: Amended 1978 Ky. Acts ch. 384, sec. 373, effective June 17, 1978. -- Created 1968 Ky. Acts ch. 203, sec. 5.


Return to NAC Home Page