A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to designate the crimes of public indecency and indecent exposure as felonies when such acts are committed within 1,000 feet of a school, park or playground.

WHEREAS, between September 26, 2005, and October 7, 2005, the Metropolitan Nashville Police Department and the Metropolitan Park Police conducted indecent exposure stings in Hamilton Creek Park, Two Rivers Park, Cedar Hill Park, and the Percy Priest Dam recreational areas; and

WHEREAS, as a result of these sting operations, 92 persons were arrested for various offenses, including indecent exposure, public indecency, and patronizing prostitution; and

WHEREAS, Tennessee Code Annotated §39-13-511 makes the act of public indecency and indecent exposure criminal offenses; and

WHEREAS, a first offense public indecency or indecent exposure charge is a Class B misdemeanor publishable only by a fine of five hundred dollars, unless the victim of the indecent exposure was under the age of thirteen, in which the offense is a Class A misdemeanor; and

WHEREAS, Tennessee Code Annotated §§39-13-513 and 39-13-514 makes the act of prostitution and patronizing prostitution within one and one-half miles of a school a Class A misdemeanor; and

WHEREAS, in an effort to deter the acts of public indecency and indecent exposure within the vicinity of Metropolitan Government parks and schools, it is fitting and proper that these offenses be designated as felonies.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the Metropolitan County Council hereby goes on record as requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to designate the crimes of public indecency and indecent exposure as felonies when such acts are committed within 1,000 feet of a school, park or playground.

Section 2. That the Metropolitan Clerk is directed to send a copy of this Resolution to each member of the Davidson County Delegation to the Tennessee General Assembly.

Section 3. That this Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Vivian Wilhoite, Michael Craddock