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H. B. No. 50 As IntroducedAs Introduced
126th General Assembly | Regular Session
| 2005-2006 |
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Representatives Setzer, Hughes, C. Evans, DeWine, Gilb, McGregor, Fessler, Latta, Walcher
A BILL
To amend section 2907.09 of the Revised Code to
expand
and modify the penalty for the offense of
public
indecency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2907.09 of the Revised Code be
amended to read as follows:
Sec. 2907.09. (A) No person shall recklessly do any of
the
following, under
circumstances in which
his or her
the
person's
conduct is likely
to be viewed by and affront others,
who are not
members
of
his or
her
the person's household: (1) Expose
his or her
private parts, or engage
in
masturbation; (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. Except as otherwise provided in
this (2) If the offender violates division
(A)(1) of this section, public
indecency is a misdemeanor of
the fourth degree.
If (3) If the offender
previously has been convicted of or pleaded guilty to one violation violates division (A)(2) or (3) of this section, public indecency is a misdemeanor of the third degree. If (4) If the offender previously has been convicted
of or
pleaded guilty to two violations violates division (B)(1), (2), or (3) of this section, public
indecency
is a misdemeanor of the second
degree.
If (5) If the offender
previously has been convicted of or
pleaded guilty to three or
more violations violates division (B)(4) of this section,
public indecency is a
misdemeanor of the first degree.
Section 2. That existing section 2907.09 of the Revised Code
is hereby repealed.
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