Kentucky Summary

KENTUCKY
[No current NAC Action Alerts, Advisories or Updates]

Legislature

House Bill 438
In a gratifying show of grass roots strength, Kentucky residents responded to NAC's Action Alert and contacted the Chair of the House Judiciary Committee concerning this bill. That action complemented NAC's continuing behind-the-scenes work with Kentucky lawmakers. The combined effort was focused and effective, and it achieved exactly the desired result. The Judiciary Committee replaced HB 438 with a substitute bill prepared by the Kentucky Attorney General's office.

The committee substitute removed every bit of the language to which naturists had objected in the original bill. This is a significant success for NAC and for naturists.

Kentucky House Bill 438 proposed a significant increase to the level of punishment for mere nudity in the presence of a minor, making it a felony for a second offense. More importantly, the bill would strip away the portion of EXISTING Kentucky law that distinguishes benign nudity in the presence of children and protects it from arrest, prosecution and conviction.

Specifically, House Bill 438 would have removed a key existing phrase from the state's existing first degree indecent exposure law. Section 510.148, as it presently exists in the Kentucky Revised Statutes, declares that an individual commits the offense of exposure only when it takes place "under circumstances in which he knows or should know that his conduct is likely to cause affront or alarm."

HB 438 would have altogether removed that qualifying phrase, criminalizing ANY intentional adult nudity when a minor is present. No circumstance would have been protected.

Additionally, HB 438 proposed to add that the very fact of the nudity itself would constitute evidence of intent to commit a criminal act.

Obviously threatened was any form of family-friendly naturist activity in which adults are nude in the presence of children - even their own children, and even in their own homes.

Also at risk from the proposed new law were adults, naturists or not, who might find themselves in the presence of someone under 18 while they are ...
   • in the locker room at a gym or spa,
   • in the changing room at a public (or private) swimming pool,
   • using a urinal in a public restroom,
   • at home

If House Bill 438 had been passed into law, Kentucky law enforcement, prosecutors and courts would have been left with no way to recognize or distinguish benign exposure. The derailment of Kentucky HB 438 was an import victory for NAC and all naturists.
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The Kentucky General Assembly meets in regular session from January 8, 2008 through April 1, 2008. Bills from 2007 DO NOT CARRY OVER to the 2008 session. Prefiling of bills is allowed.

The NAC board member responsible for Kentucky is Bill Schroer.

View the state laws for Kentucky.

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