Effective: March 20, 2019
Latest Legislation: House Bill 92 - 132nd General Assembly
(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 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 in the person's physical proximity, who is a minor, and who is not the spouse of the offender :
(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)(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 one violation of this section, a violation of division (B)(1), (2), or (3) of this section is 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 (B)(1), (2), or (3) of this section is a felony of the fifth degree.
(5) Except as otherwise provided in division (C)(5) of this section, a violation of division (B)(4) of this section is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to any violation of this section, a violation of division (B)(4) of this section is a felony of the fifth degree.
(D)(1) If either of the following applies, the court may determine at the time of sentencing whether to classify the offender as a tier I sex offender/child-victim offender for a violation of division (B)(4) of this section:
(a) The offender is less than ten years older than the other person.
(b) The offender is ten or more years older than the other person and the offender has not previously been convicted of or pleaded guilty to any violation of this section.
(2) If the offender is convicted of or pleads guilty to a violation of division (B)(4) of this section, is ten or more years older than the other person, and previously has been convicted of or pleaded guilty to any violation of this section, the court shall issue an order at the time of sentencing that classifies the offender as a tier I sex offender/child-victim offender subject to registration under sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code.
Structure Ohio Revised Code
Section 2907.01 | Sex Offenses General Definitions.
Section 2907.03 | Sexual Battery.
Section 2907.04 | Unlawful Sexual Conduct With Minor.
Section 2907.05 | Gross Sexual Imposition.
Section 2907.06 | Sexual Imposition.
Section 2907.07 | Importuning.
Section 2907.09 | Public Indecency.
Section 2907.10 | Preliminary Polygraph Test of Sex Offense Victim.
Section 2907.11 | Suppression of Names of Victim and Offender and Details of the Alleged Offense.
Section 2907.171 | Prosecutor's Failure to Give Notice.
Section 2907.19 | Commercial Sexual Exploitation of a Minor.
Section 2907.21 | Compelling Prostitution.
Section 2907.22 | Promoting Prostitution.
Section 2907.231 | Engaging in Prostitution.
Section 2907.24 | Soliciting; Solicitation After a Positive HIV Test.
Section 2907.241 | Loitering to Engage in Solicitation - Solicitation After Positive HIV Test.
Section 2907.25 | Prostitution - After Positive HIV Test.
Section 2907.26 | Rules of Evidence in Brothel and Prostitution Cases.
Section 2907.27 | Testing and Treatment for Venereal Diseases and Hiv.
Section 2907.28 | Payment for Medical Examination and Test of Any Victim or Accused.
Section 2907.29 | Hospital Emergency Services for Victims of Sexual Offenses.
Section 2907.30 | Interview of Victim by Crisis Intervention Trained Officer.
Section 2907.31 | Disseminating Matter Harmful to Juveniles.
Section 2907.311 | Displaying Matter Harmful to Juveniles.
Section 2907.32 | Pandering Obscenity.
Section 2907.321 | Pandering Obscenity Involving a Minor or Impaired Person.
Section 2907.322 | Pandering Sexually Oriented Matter Involving a Minor or Impaired Person.
Section 2907.33 | Deception to Obtain Matter Harmful to Juveniles.
Section 2907.34 | Compelling Acceptance of Objectionable Materials.
Section 2907.35 | Presumptions in Obscenity Cases.
Section 2907.36 | Declaratory Judgment Action.
Section 2907.37 | Injunction - Nuisance.
Section 2907.38 | Permitting Unlawful Operation of Viewing Booths Depicting Sexual Conduct.
Section 2907.40 | Illegally Operating Sexually Oriented Business.
Section 2907.41 | Person Charged With Subsequent Sexual Offense - Setting of Bail.