Issues like the one at right are discussed and debated openly on the Midwest Burners Yahoo Group.

The Long Road To Policy

Since we first created InterFuse, there has been a debate within our community of how to best balance the interests of various community members. We have nudists and other folks who express themselves in half-clothed states. Some of these people attend other events in Missouri where nudity and children present no problem.

Not everyone in our group is comfortable with this arrangement. We have people who want to be able to freely express themselves without fear of doing something around kids that could lead to prosecution. We have people who are concerned that their self-expression will be considered pornographic and are concerned about the presence of people under 18.

We have parents who would like to bring their children to burns and introduce them to the community they love. Obtaining childcare for several days is a hardship and undesirable for some of these parents. We have folks who feel that radical inclusion means including all ages.

We have other parents who do not want to bring their children but would rather have a break to enjoy their adult time. We have friends who rent us the beautiful land where we burn and who have concerns about their liability from including kids at an adult event.

This debate has been annually discussed since 2004 until we are all sick of it.

The legal issues mainly revolve around a Missouri pornography law and a Missouri sexual misconduct law. As of September 2007, the relevant laws are as follows:

1. Furnishing pornographic materials to minors
   Missouri Statute RSMO 573.040 states:
   
   A person commits the crime of furnishing pornographic material to minors if, knowing its content and character, he or she:
   
   
   1. Furnishes any material pornographic for minors, knowing that the person to whom it is furnished is a minor or acting in reckless disregard of the likelihood that such person is a minor; or
   2. Produces, presents, directs or participates in any performance pornographic for minors that is furnished to a minor knowing that any person viewing such performance is a minor or acting in reckless disregard of the likelihood that a minor is viewing the performance; or
   3. Furnishes, produces, presents, directs, participates in any performance or otherwise makes available material that is pornographic for minors via computer, electronic transfer, Internet or computer network if the person made the matter available to a specific individual known by the defendant to be a minor.
   Furnishing pornographic material to minors is a class A misdemeanor unless the person has pleaded guilty to or has been found guilty of an offense committed at a different time pursuant to this chapter, chapter 566 or chapter 568, RSMO, in which case it is a class D felony.
   
   Definitions for terms used in Chapter 573 of Missouri Statutes are found here: RSMO 573.010. Definitions.
   
   The definitions relevant to 573.040 are:
   
   
   10. "Minor", any person under the age of eighteen;
   14. "Pornographic for minors", any material or performance is pornographic for minors if the following apply: (a) The average person, applying contemporary community standards, would find that the material or performance, taken as a whole, has a tendency to cater or appeal to a prurient interest of minors; and (b) The material or performance depicts or describes nudity, sexual conduct, sexual excitement, or sadomasochistic abuse in a way which is patently offensive to the average person applying contemporary adult community standards with respect to what is suitable for minors; and (c) The material or performance, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors;
2. Sexual Misconduct Involving A Child
   Missouri Statute RSMO 566.083 states:
   
   A person commits the crime of sexual misconduct involving a child if the person:
   
   
   1. Knowingly exposes his or her genitals to a child less than fourteen years of age under circumstances in which he or she knows that his or her conduct is likely to cause affront or alarm to the child.
   2. Knowingly exposes his or her genitals to a child less than fourteen years of age for the purpose of arousing or gratifying the sexual desire of any person, including the child; or
   3. Knowingly coerces or induces a child less than fourteen years of age to expose the child's genitals for the purpose of arousing or gratifying the sexual desire of any person, including the child.
   The law goes on to state: "Sexual misconduct involving a child is a class D felony unless the actor has previously pleaded guilty to or been found guilty of an offense pursuant to this chapter or the actor has previously pleaded guilty to or has been convicted of an offense against the laws of another state or jurisdiction which would constitute an offense under this chapter, in which case it is a class C felony."

For four years, the debate revolved around the sexual misconduct law. Some of us, including the venue owners, Ozark Avalon, were unsure whether doing an erotic naked dance in public at InterFuse or HullabalU, would result in felony charges if a 0 to 13 year old were present. The first section of the sexual misconduct law does not define behavior that "is likely to cause affront or alarm to a child."

The second section of that law prohibits exposing genitals to a child with the purpose of turning on ANY person, including the child. This second section seems to be directed at people who get off on flashing children. However, if someone is exposing himself to a crowd of adults as part of an erotic performance, and a child is present, the law may or may not also apply.

Nudists and others argued that nudity does not cause affront and alarm in any person if that person is attending a private event where everyone who attends knows that nudity is allowed. They pointed out that the sexual misconduct law was most likely created to protect children from flashers. They asserted that no one who attends an event such as these would file a police report on another participant, who was innocently performing when a child walked by. However, we are also concerned that someone may talk to a child afterward and misunderstand the context and intent of the performance.

Some parents argued that some children, like infants are too young to even understand or perceive unclothed genitals.

Some folks pointed out that there are rarely any actual naked erotic performances at InterFuse and HullabalU. Yet, one of the goals of our events is to create an environment where people are not afraid to express themselves, which includes expressing themselves erotically and nakedly if THEY SO CHOOSE. To preserve such an environment, Midwest Burners only allowed parents to bring their 14-17 year old children to InterFuse and HullabalU through 2007.

A separate "kids camp" idea was proposed in 2006. But only a few parents volunteered to staff it and NO ONE stepped forward to organize it (except Rose from Ozark Avalon who was already busy with OA stuff). Eventually, OA decided against the kids camp.

In 2007, in the midst of yet another debate on the age limit, the presence of 14-17 year olds was questioned in the context of "furnishing pornography to minors."

Several solutions were proposed and discussed by the community on the Midwest Burners Yahoo Group:

1. HullabalU being all ages with no pornography or nudity and InterFuse being 18+ with adult activities allowed
2. HullabalU being all ages with no pornography or nudity but with a kid zone/camp, and InterFuse being 18+ with adult activities allowed
3. HullabalU being all ages with no pornography or nudity, and InterFuse being 0+ but with an adult zone for adult activities
4. HullabalU being all ages with no pornography or nudity and InterFuse being 21+ with adult activities allowed
5. Both InterFuse and HullabalU being 21+ with adult activities allowed
6. HullabalU being all ages with no pornography or nudity and InterFuse remaining 14+ with adult activities allowed

After everyone had an opportunity to speak, the consensus was for solution number two.

This way, Midwest Burners will have both an adult event and an all ages event, so everyone can be included.

HullabalU is held in the Fall, when the weather is usually too cool to be naked. HullabalU is also an afterburn event where we share stories and reminisce about the burn season, which is the perfect atmosphere for introducing children to our culture. The experimental kids camp is optional and is for those parents who want to create a more child-oriented area. Parents and children are not required to camp in this area. The existence of this kids camp entirely depends on parents organizing it in coordination with event planners. HullabalU will be all ages regardless of whether someone creates a kids camp.

Thank you to everyone who participated in the discussion and helped to find this solution! I think we are all relieved to finally put this issue to rest.

Zay
Midwest Burners Chairman

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