2006 Ohio Revised Code - 2907.09. Public indecency.

§ 2907.09. Public indecency.
 

(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 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. 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. 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. 

(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. 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. 

(4) Except as otherwise provided in division (C)(4) of this section, a violation of division (B)(1), (2), or (3) of this section is a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to any violation of this section, a violation of division (B)(1), (2), or (3) of this section is a misdemeanor of the first degree. 

(5) A violation of division (B)(4) of this section is a misdemeanor of the first degree. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 143 v H 214 (Eff 4-13-90); 146 v S 2. Eff 7-1-96; 151 v H 50, § 1, eff. 9-26-05.
 

Not analogous to former RC § 2907.09 (RS § 6835; 69 v 10; 82 v 161; 95 v 561; 96 v 14; 98 v 3; GC § 12437; 100 v 5; 101 v 128; Bureau of Code Revision, 10-1-53; 129 v 1426), repealed 134 v H 511, § 2, eff 1-1-74.

The effective date is set by section 6 of SB 2. 

 

Effect of Amendments

151 v H 50, effective September 26, 2005, rewrote the section. 

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

The gist of this section is to prohibit sexual exposures or actual or simulated sexual displays, when done under circumstances in which such exposures or displays are likely to be seen by and offend persons not members of the offender's household. 

Nudist camps would not be prohibited under this section if the inmates take reasonable precautions to insure their privacy, since their lack of clothing is not likely to offend each other. Answering an urgent call of nature alfresco would not be an offense if the actor takes reasonable precautions against discovery, although if he or she is imprudent in choosing a site the act might constitute disorderly conduct under new section 2917.11(A)(5). 

Public indecency is a misdemeanor of the fourth degree. 

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