Ohio § 2907.09

§ 2907.09.

(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 .