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 NAC Action Alert - OHIO Senate Bill 245

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T O P I C    R E V I E W
Moderator Posted - 12/07/2006 : 7:59:36 PM
**********************************************************************
NATURIST ACTION COMMITTEE
ACTION ALERT
**********************************************************************
http://www.naturistaction.org
**********************************************************************
Copyright 2006 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: December 7, 2006
SUBJECT: Ohio: Senate Bill 245
TO: Ohio Naturists and other concerned citizens

Dear Ohio Naturist,

This is an Action Alert from the Naturist Action Committee concerning an important legislative situation in the state of Ohio.

NAC has been working with Ohio lawmakers in an attempt to monitor and derail a dangerous legislative bill. Until very recently, it appeared Senate Bill 245 would die at the end of this month. However, it was selected just this week for acceleration toward passage. If you are a resident of Ohio, NAC is asking for your immediate action in the form of:

1) your e-mails, faxes and telephone calls to key Ohio legislators, and
2) your attendance at an important public hearing on December 12.

At the present time, NAC is NOT calling for action from those who live outside the state of Ohio.

WHAT'S THE SPECIFIC THREAT?

Senate Bill 245 proposes a significant increase to the level of punishment for mere nudity in the presence of a minor. No attempt is made to distinguish between lewd conduct and benign nudity. No differentiation is made between predatory exposure and any other sort, whether incidental, accidental, non-lewd or otherwise.

Under the proposed new law, certain convictions could carry Fifth Degree Felony status. All who have had a previous conviction for public indecency would be required to make a bail appearance before a judge before being released. That's something that frequently requires an overnight stay in jail. The "previous conviction" under the proposed law could even be one that resulted from a municipal citation for skinny-dipping or nude sunbathing.

BACKGROUND AND DISCUSSION

A year ago, a mother and her 9-year old daughter were shopping at a retail store in West Chester Township, in southeastern Ohio, when a man reportedly flashed his penis to the girl. The man, who had previously been designated by a court as a sexual predator, had been paroled from prison less than a week earlier. Following the West Chester incident, the man was apprehended. He posted a $500 bond and was released within hours, without appearing before a judge, who might have assessed his prior record.

As unfortunate as this incident was, the response of State Sen. Gary Cates (R-West Chester) was more unfortunate. Sen. Cates proposed a revision to Ohio's public indecency law that would ratchet up the penalty for public indecency and broaden prior offenses to include municipal convictions.

The bill, as written, does not even require that the municipal convictions take place in the state of Ohio. The law proposed by SB 245 would hold individuals hostage to the lowest common denominator of municipal ordinance-making anywhere.

Sen. Cates named his proposed law after the little girl in the store. And so, Nicole's Law, with its unfocused harshness on predators and naturists alike, was passed by a pre-election vote of the State Senate, without much concern for its excesses.

As recently as three days ago, lawmakers in control of the wording and progress of SB 245 were assuring the Naturist Action Committee that the bill would be heard in a House committee as a "courtesy" to its sponsor, but that it was not on a track for passage in this session.

WHAT IS NAC DOING?

The Naturist Action Committee has two valuable partners in the Ohio political arena: the Ame
15   L A T E S T    R E P L I E S    (Newest First)
Pete Knight Posted - 12/25/2006 : 09:13:03 AM
How very strange that anyone can consider naturism NOT to be a family lifestyle. Any lifestyle is only as each individual views it, so your viewpoint only illustrates your outlook on life in general.

I would suggest that Koda hasn't really grasped what naturism is about, so go find something that you can feel an affinity with, and stay away from social naturism.

Pete Knight
ggwydion Posted - 12/25/2006 : 08:16:05 AM
I have to say I agree. I have not been a nudest for 29+ years but I have been into the lifestyle for coming on six years now and my wife and I are considering having children in the near future. I have been to many naturalist events in the Maryland area and almost all of them have had children. Im not sure how young children playing naked on a slip-in-slid in the summer can be considered sexual though..... This attitude is disturbing to say the least.
ToAsTeD Posted - 12/24/2006 : 10:32:53 PM
quote:
Originally posted by Koda

Nudism is definitely not a family activity. It's about sex or erocticsm.

Cheri, with all due respect, one can enjoy fresh air with a pair of shorts on or minimal clothing. Millions do-infact the VAST majority do.

Too many pedos out there interested in looking at naked children. Consider this:

-we don't allow people to hold naked pictures of children on their computer-why would we allow it in real life?


It seems like you are very *hostile* about children in nudist environments...

Perhaps you have had a negative experience as a child (or as an adult) in such a setting?

Or perhaps you have NEVER even been in a naturist setting and are just a "textile" complaining about nudism in general?

If you are a true nudist, you would acknowledge that it is indeed a family-oriented lifestyle (whether you agree with it or not) and stop trying to convince others it is not family-oriented..

Children are safer in nudist environments than other places because so many people are watching and protecting them... cameras are not allowed in most places... people behaving "strangly" are usually evicted if anything is reported...

So I don't really understand your complaint.

You just seem very anti-nudist which makes me wonder if you are a true nudist at all.

-ToAsTeD

PS- Happy Holidays!
Cheri Posted - 12/24/2006 : 10:07:47 PM
Koda, Not sure how long you've been a nudist or to what nudist venues you've visited. After 39 years of visiting more than 50 clubs, parks, resorts, and beaches, I can thoroughly tell you that IT IS a family activity. It's the safest place for a youngster. Our youth is our most precious resource and children at nudist camps and resorts have more watchful eyes than at your local playground.

Millions may enjoy fresh air but WITH tight, constricting clothing. I don't like sitting around in a soggy, sometimes sandy swimsuit. It's wonderful watching the interaction of children with all ages.
Cheri

Doing what I can to positively promote nudism
-
-
Koda Posted - 12/24/2006 : 2:55:14 PM
Nudism is definitely not a family activity. It's about sex or erocticsm.

Cheri, with all due respect, one can enjoy fresh air with a pair of shorts on or minimal clothing. Millions do-infact the VAST majority do.

Too many pedos out there interested in looking at naked children. Consider this:

-we don't allow people to hold naked pictures of children on their computer-why would we allow it in real life?
ToAsTeD Posted - 12/23/2006 : 12:45:02 PM
Thank you Cheri! That's what I thought all along!

There are many topics here relating to children... when and how to introduce them to the lifestyle, etc.

I don't know what Koda is talking about...

I guess he is just expressing his own personal opinion about children in the nudist lifestyle and not necessarily the opinions of others...

That's what the Forum is all about!

-ToAsTeD
Cheri Posted - 12/23/2006 : 08:46:44 AM
Nudism is definitely a family lifestyle, not adults only. It may be sensual with the feel good feelings of the air, water on you without any constricting clothing, but nudism is definitely not sexual or erotic. If you think it is, you're into it for the wrong reason(s).
Cheri

Doing what I can to positively promote nudism
-
-
Koda Posted - 12/23/2006 : 02:57:50 AM
too many people in it for sexual reasons.

I'm not saying it is sex, but it can be sexually erotic. One of the main concerns you read about is erections. Well, guys with an erection would show in a swim suit, yet find a swimming forum that even mentions this as a concern.

nudism is "adults only" not a family thing. Honestly, I am a little surprised you would think otherwise.

=Koda=
ToAsTeD Posted - 12/23/2006 : 01:43:21 AM
quote:
Nudism though is an adult activity so it might not be a good idea.

=Koda=


I always thought that nudism is a "family-oriented" activity... or at least that's what many others have said...

So is it true that children should *not* be in any nudist environment?

What about all of the "Family Nudist Resorts / Clubs..."

Does "Family" mean adults only and no children?

I am confused...

-ToAsTeD
Koda Posted - 12/23/2006 : 01:29:58 AM
The law reads

Section 1. That section 2907.09 be amended and section 2907.41 of the Revised Code be enacted to read as follows:
Sec. 2907.09. (A) No person shall recklessly do any of the following, under circumstances in which the person's conduct is likely to be viewed by and affront others who are in the person's physical proximity and who are not members of the person's household


so I would have to say unfortunately no.

Nudism though is an adult activity so it might not be a good idea.

=Koda=
ToAsTeD Posted - 12/22/2006 : 11:33:18 PM
Please correct me if I am wrong, but does this new law mean that nudism in front of children (ANY form of nudism) is now illegal for the people in the state of Ohio?

Question: If I (having NO criminal offenses of any kind whatsoever) took my son to a nudist resort in Ohio, could I be charged as a "sexual predator"?

Please clarify... I am somewhat confused...

-ToAsTeD
Koda Posted - 12/16/2006 : 11:19:23 AM
quote:
Originally posted by TallTim

Koda-I'm in a good mood and assume this isn't a drive-by post. I live in Ohio so this affects me personally.

If you actually read the bill the way it is written; everyone gets punished as if they abuse children. Skinny dipping is now a sex-offense We object to the one size fits all punishment, the bill is election year politics.

For the record; Child abuse should be a capital crime. But that's just me.

Tim



Tim,

I don't see it that way. I've quoted the entire text from a reliable source.

the person charged has to have a previous indecency conviction. I certainly hope that if you go skinny dipping you use discretion and common sense.

it's a good law.

=Koda=
Moderator Posted - 12/15/2006 : 1:08:27 PM
**********************************************************************
NATURIST ACTION COMMITTEE
UPDATE
**********************************************************************
http://www.naturistaction.org
**********************************************************************
Copyright 2006 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 : December 14, 2006
SUBJECT: Ohio: Senate Bill 245
TO : Ohio Naturists and other concerned citizens

Dear Ohio Naturist,

This is an Update from the Naturist Action Committee concerning an important legislative situation in the state of Ohio.

Despite the focused efforts of NAC and of naturists and nudists in Ohio, Senate Bill 245 has been reported favorably without amendment by the House Criminal Justice Committee. It passed today in a floor vote of the Ohio House of Representatives, and it will become law.

This is a setback for naturists.

SENATE BILL 245

Briefly, Senate Bill 245 creates a significant increase in the level of punishment for mere nudity in the presence of a minor. It mandates harsh judicial treatment for repeat sex predators, but it also imposes the same harsh treatment on repeat skinny-dippers and on others with subsequent offenses involving simple, nonsexual, nonpredatory nudity.

In a NAC Action Alert issued on December 7, the Naturist Action Committee asked Ohio residents to contact key Ohio lawmakers concerning Senate Bill 245. Your responses to that call for action were impressive, both in their quantity and their quality.

NAC commends and thanks all who took action by contacting lawmakers.

LEGISLATIVE HEARING IN HOUSE COMMITTEE

On Tuesday, December 12, the House Criminal Justice Committee conducted a hearing for SB 245. A gratifying number of Ohio naturists and nudists showed up from across the state for the hearing, which was scheduled for 2:30 in the afternoon. A little after 7 o'clock in the evening, the hearing actually began.

During the delay, NAC and its legislative lobbyist worked relentlessly with lawmakers to strike a deal for reasonable revisions to the bill. NAC had offered both a substitute bill and a strike-and-add line-by-line amendment. Negotiations came apart, however, when the bill's sponsor, Senator Gary Cates (R-West Chester), emphatically insisted that no change whatsoever be made to the text of his bill.

Five speakers testified on behalf of naturists and nudists: Naturist Action Committee Area Representative Bob Neinast, AANR-Midwest President Harvey Hanna, Buckeye Naturists President Jim Mills, North Coast Naturists Newsletter Editor Alan McIlwain and NAC Executive Director Bob Morton. The hearing room was peppered throughout with naturist and nudist supporters, and when Neinast asked them to rise and be recognized, more than twenty people stood up.

NAC expresses its deep appreciation to each individual who attended the hearing.

With the bill's sponsor refusing to allow his bill to be modified and most committee members refusing to be seen voting against a sex offender bill, even the most persuasive testimony had little chance of success. In the final vote for committee passage of SB 245, only two committee
members voted no.

WHAT IS NAC DOING?

The Naturist Action Committee acknowledges the American Association for Nude Recreation and its regional affiliate, AANR-Midwest, each of which is shouldering a share of the expense for the professional legislative lobbyist NAC retains in Ohio.

After the new legislative session begins in January, NAC will assess the task of correcting the excesses of Senate Bill 245 through new legislation. We are not finished with this fight!

WHAT IS NAC ASKING YOU TO DO?

This is an update. Th
TallTim Posted - 12/15/2006 : 12:46:16 PM
Koda-I'm in a good mood and assume this isn't a drive-by post. I live in Ohio so this affects me personally.

If you actually read the bill the way it is written; everyone gets punished as if they abuse children. Skinny dipping is now a sex-offense We object to the one size fits all punishment, the bill is election year politics.

For the record; Child abuse should be a capital crime. But that's just me.

Tim
Koda Posted - 12/15/2006 : 12:26:06 PM
http://www.legislature.state.oh.us/bills.cfm?ID=126_SB_0245

To amend section 2907.09 and to enact section 2907.41 of the Revised Code to generally increase the penalties for public indecency when the victim is a minor and the offender has a previous public indecency conviction, to require that a person charged with a sexually oriented offense or with public indecency who has a previous conviction of a sexually oriented offense or of public indecency appear before the court before the court sets bail, and to generally require the court to consider certain factors before setting bail for that person.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2907.09 be amended and section 2907.41 of the Revised Code be enacted to read as follows:
Sec. 2907.09. (A) No person shall recklessly do any of the following, under circumstances in which the person's conduct is likely to be viewed by and affront others who are in the person's physical proximity and who are not members of the person's household:
(1) Expose his or her the person's private parts;
(2) Engage in sexual conduct or masturbation;
(3) Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation.
(B) No person shall knowingly do any of the following, under circumstances in which the person's conduct is likely to be viewed by and affront another person who is a minor, who is not the spouse of the offender, and who resides in the person's household:
(1) Engage in masturbation;
(2) Engage in sexual conduct;
(3) Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation;
(4) Expose the person's private parts with the purpose of personal sexual arousal or gratification or to lure the minor into sexual activity.
(C)(1) Whoever violates this section is guilty of public indecency and shall be punished as provided in divisions (C)(2), (3), (4), and (5) of this section.
(2) Except as otherwise provided in division (C)(2) of this section, a violation of division (A)(1) of this section is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section, a violation of division (A)(1) of this section is a misdemeanor of the third degree or, if any person who was likely to view and be affronted by the offender's conduct was a minor, a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to two violations of this section, a violation of division (A)(1) of this section is a misdemeanor of the second degree or, if any person who was likely to view and be affronted by the offender's conduct was a minor, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to three or more violations of this section, a violation of division (A)(1) of this section is a misdemeanor of the first degree or, if any person who was likely to view and be affronted by the offender's conduct was a minor, a felony of the fifth degree.
(3) Except as otherwise provided in division (C)(3) of this section, a violation of division (A)(2) or (3) of this section is a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section, a violation of division (A)(2) or (3) of this section is a misdemeanor of the second degree or, if any person who was likely to view and be affronted by the offender's conduct was a minor, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, a violation of division (A)(2) or (3) of this section is a misdemeanor of the first degree or, if any person who was likely to view and be affronted by the offender's conduct was a minor, a felony of the fifth degree.
(4) Except as otherwise provided in division (C)(4) of this section, a violation of division (B

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