As Passed by the House

126th General Assembly Regular Session 2005-2006

Sub. H. B. No. 50

Representatives Setzer, Hughes, C. Evans, DeWine, Gilb, McGregor, Fessler, Latta, Walcher, D. Evans, Willamowski, Seaver, Perry, Allen, Buehrer, Calvert, Carmichael, Cassell, Chandler, Collier, Combs, Daniels, DeBose, Domenick, Faber, Gibbs, Hagan, Harwood, Kearns, Kilbane, Law, Martin, Otterman, T. Patton, Peterson, Raga, Reidelbach, Schaffer, Schlichter, Schneider, D. Stewart, J. Stewart, Strahorn, Taylor, Uecker, Webster, Widener, Widowfield, Williams, Yuko 

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A BILL

To amend section 2907.09 of the Revised Code to

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expand and modify the penalty for the offense of

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public indecency.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 2907.09 of the Revised Code be	4
amended to read as follows:	5

Sec. 2907.09.  (A) No person shall recklessly do any of the	6
following, under circumstances in which his or herthe person's	7
conduct is likely to be viewed by and affront others,who are in	8
the person's physical proximity and who are not members of his or	9
herthe person's household:	10

(1) Expose his or her private parts, or engage in	11
masturbation;	12

(2) Engage in sexual conduct or masturbation;

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(3) Engage in conduct that to an ordinary observer would	14
appear to be sexual conduct or masturbation.	15

(B) No person shall knowingly do any of the following, under	16
circumstances in which the person's conduct is likely to be viewed	17
by and affront another person who is a minor, who is not the	18
spouse of the offender, and who resides in the person's household:	19

(1) Engage in masturbation;

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(2) Engage in sexual conduct;

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(3) Engage in conduct that to an ordinary observer would	22
appear to be sexual conduct or masturbation;	23

(4) Expose the person's private parts with the purpose of	24
personal sexual arousal or gratification or to lure the minor into	25
sexual activity.	26

(C)(1) Whoever violates this section is guilty of public	27
indecency. Except as otherwise provided in this	28

(2) If the offender violates division (A)(1) of this section,	29
public indecency is a misdemeanor of the fourth degree. If	30

(3) If the offender previously has been convicted of or	31
pleaded guilty to one violationviolates division (A)(2) or (3) of	32
this section, public indecency is a misdemeanor of the third	33
degree. If	34

(4) If the offender previously has been convicted of or	35
pleaded guilty to two violationsviolates division (B)(1), (2), or	36
(3) of this section, public indecency is a misdemeanor of the	37
second degree. If	38

(5) If the offender previously has been convicted of or	39
pleaded guilty to three or more violationsviolates division	40
(B)(4) of this section, public indecency is a misdemeanor of the	41
first degree.	42

Section 2. That existing section 2907.09 of the Revised Code	43
is hereby repealed.	44