§ 2307.09. 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 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 subsections (C)(2), (3), (4), and (5).

(2)

Except as otherwise provided in subsection (C)(2), a violation of subsection (A)(1) is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to one (1) violation of this section, a violation of subsection (A)(1) 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 (2) violations of this section, a violation of subsection (A)(1) 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 (3) or more violations of this section, a violation of subsection (A)(1) 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 to be prosecuted under appropriate state law.

(3)

Except as otherwise provided in subsection (C)(3), a violation of subsection (A)(2) or (3) is a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to one (1) violation of this section, a violation of subsection (A)(2) or (3) 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 (2) or more violations of this section, a violation of subsection (A)(2) or (3) 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 to be prosecuted under appropriate state law.

(4)

Except as otherwise provided in subsection (C)(4), a violation of subsection (B)(1), (2), or (3) is a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to one (1) violation of this section, a violation of subsection (B)(1), (2), or (3) is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to two (2) or more violations of this section, a violation of subsection (B)(1), (2), or (3) is a felony of the fifth degree to be prosecuted under appropriate state law.

(5)

Except as otherwise provided in subsection (C)(5), a violation of subsection (B)(4) 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 subsection (B)(4) is a felony of the fifth degree to be prosecuted under appropriate state law.

(ORC 2907.09; Ord. 2535-94; Ord. No. 1229-2014, § 1, 6-16-2014)