Ohio Rev. Code » Chapter 2907
Ohio Revised Code

Ohio Rev. Code § 2907.09 (2026)

Public indecency

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Effective:
March 20, 2019
Latest Legislation:
House Bill 92 - 132nd General Assembly
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(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.
Notes of Decisions
Cited in 102 cases (33 in the last 5 years), 1959–2026 · leading case: State v. Zappa, 2022-Ohio-243, 183 N.E.3d 1270.
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State v. Zappa, 2022-Ohio-243, 183 N.E.3d 1270. · cites it 21× “The Court noted that the comment to R.C. 2907.09 explains that the statute would not prohibit nudist colonies because “persons who frequent a nudist camp are not likely to be offended by the nudity of others around them.”
State v. Henry, 2016-Ohio-680. · cites it 9× “{¶22} Because R.C. 2907.09 provides for different level offenses, this matter implicates R.”
State v. Shannon, 2021-Ohio-789. · cites it 3× “In particular, appellant contends that because R.C. 2907.09 includes a “built-in progression of increasing penalties based upon prior convictions” that it was error for the trial court to solely base his sentence upon this singular factor.”
State v. Raia, 2014-Ohio-2707. · cites it 4× “Appellant Paul Raia was found guilty of exposing his private parts in violation of R.C. 2907.09(A)(1), a fourth degree misdemeanor.”
State v. Rice, 2021-Ohio-988. · cites it 7× “The offense at issue in the 2002 case was public indecency pursuant to R.C. 2907.09(A)(2), a misdemeanor of the fourth degree.”
Pentco, Inc. v. Moody, 474 F. Supp. 1001 (S.D. Ohio 1978). · cites it 6× “” Since R.C. § 2907.09 regulates public nudity but not private nudity, the plaintiffs argue that those provisions of Chapter 540 which require the massage technician and patron to be clothed are in conflict with state law and beyond the City’s legislative authority.”
State v. Lisiewski, 252 N.E.2d 168 (Ohio 1969). · cites it 12× “The principal issue raised in this appeal is whether each of the houses entered was an “inhabited dwelling house” within the meaning of those words as used in Section 2907.09, Revised Code. Appellant contends that the dwellings in question were “summer” homes which, although…”
Burns v. Ohio, 360 U.S. 252 (1959). · cites it 2× “[5] See Ohio Rev. Code §§ 2907.09, 1.06, 1.05. [6] In his notice of appeal filed in the Court of Appeals, petitioner stated "This appeal is on questions of law and is taken on condition that a motion for leave to appeal be allowed.”
State v. Schmidt, 2022-Ohio-4138. · cites it 3× “Specific intent is found in R.C. 2907.09 as committing the offense with the specified "purpose of personal sexual arousal or gratification.”
State v. Henry, 783 N.E.2d 609 (Ohio Ct. App. 7th Dist. 2002). · cites it 5× ““[W]hat ‘affronts others’ when observed by an ordinary observer does not depend on the sensitivities of the particular complainant, but, rather, the sensitivity of the person of common intelligence.”
City of Cleveland v. Pugh, 674 N.E.2d 759 (Ohio Ct. App. 8th Dist. 1996). · cites it 5× “07 adopted the same language as the public indecency statute enacted by the General Assembly, R.C. 2907.09. Under R.C. 2907.09, the Legislative Service Commission Comment to H.”
State v. Risch, 2025-Ohio-2484, 270 N.E.3d 1202. · cites it 4× “031(A)(3), a fourth degree felony; (Count 9) Public Indecency in violation of R.C. 2907.09(A)(1), a fourth degree misdemeanor; and (Count 10) Public Indecency in violation of R.”
Show all 102 citing cases →
Ohio Rev. Code § 2907.09(A): 5 cases
State v. Zappa, 2022-Ohio-243, 183 N.E.3d 1270. “The Court noted that the comment to R.C. 2907.09 explains that the statute would not prohibit nudist colonies because “persons who frequent a nudist camp are not likely to be offended by the nudity of others around them.”
State v. Henry, 2016-Ohio-680. “{¶22} Because R.C. 2907.09 provides for different level offenses, this matter implicates R.”
State v. Hsu, 2016-Ohio-4549, 66 N.E.3d 1124.
State v. Bellomy, Unpublished Decision (12-29-2006), 2006 Ohio 7087 (Ohio Ct. App. 2d Dist. 2006).
In re D.M., 2011-Ohio-2036.
Ohio Rev. Code § 2907.09(A)(1): 37 cases
State v. Zappa, 2022-Ohio-243, 183 N.E.3d 1270. “The Court noted that the comment to R.C. 2907.09 explains that the statute would not prohibit nudist colonies because “persons who frequent a nudist camp are not likely to be offended by the nudity of others around them.”
State v. Raia, 2014-Ohio-2707. “Appellant Paul Raia was found guilty of exposing his private parts in violation of R.C. 2907.09(A)(1), a fourth degree misdemeanor.”
State v. Shannon, 2021-Ohio-789. “In particular, appellant contends that because R.C. 2907.09 includes a “built-in progression of increasing penalties based upon prior convictions” that it was error for the trial court to solely base his sentence upon this singular factor.”
State v. Sparks, 2019-Ohio-3145.
State v. K.W., 2016-Ohio-7365.
Ohio Rev. Code § 2907.09(A)(1)(2): 1 case
State v. Jones, 2025-Ohio-2928.
Ohio Rev. Code § 2907.09(A)(1)(C)(2): 1 case
State v. Cochran, 2017-Ohio-983.
Ohio Rev. Code § 2907.09(A)(2): 19 cases
State v. Zappa, 2022-Ohio-243, 183 N.E.3d 1270. “The Court noted that the comment to R.C. 2907.09 explains that the statute would not prohibit nudist colonies because “persons who frequent a nudist camp are not likely to be offended by the nudity of others around them.”
State v. Henry, 2016-Ohio-680. “{¶22} Because R.C. 2907.09 provides for different level offenses, this matter implicates R.”
State v. Johnson, 536 N.E.2d 648 (Ohio Ct. App. 5th Dist. 1987).
State v. Simon, 2024-Ohio-4972.
State v. Merritt, 2021-Ohio-3681.
Ohio Rev. Code § 2907.09(A)(3): 12 cases
State v. Rice, 2021-Ohio-988. “The offense at issue in the 2002 case was public indecency pursuant to R.C. 2907.09(A)(2), a misdemeanor of the fourth degree.”
State v. Raia, 2014-Ohio-2707. “Appellant Paul Raia was found guilty of exposing his private parts in violation of R.C. 2907.09(A)(1), a fourth degree misdemeanor.”
State v. Henry, 783 N.E.2d 609 (Ohio Ct. App. 7th Dist. 2002). ““[W]hat ‘affronts others’ when observed by an ordinary observer does not depend on the sensitivities of the particular complainant, but, rather, the sensitivity of the person of common intelligence.”
State v. Stephens, 2011-Ohio-5562, 961 N.E.2d 734.
State v. Risch, 2011-Ohio-3633.
Ohio Rev. Code § 2907.09(B)(1): 6 cases
State v. March, 2016-Ohio-3288.
State v. Ramsey, 2023-Ohio-807, 210 N.E.3d 1088.
In re D.S., 2014-Ohio-867.
State v. Tillett, 2020-Ohio-3836.
State v. Stone, 2012-Ohio-630.
Ohio Rev. Code § 2907.09(B)(2): 1 case
State v. Wright, 2016-Ohio-8068.
Ohio Rev. Code § 2907.09(B)(3): 2 cases
State v. Wright, 2016-Ohio-8068.
State v. Perry, 2025-Ohio-2097.
Ohio Rev. Code § 2907.09(B)(4): 6 cases
State v. Schmidt, 2022-Ohio-4138. “Specific intent is found in R.C. 2907.09 as committing the offense with the specified "purpose of personal sexual arousal or gratification.”
State v. Yoho, 2024-Ohio-1725.
State v. Risch, 2025-Ohio-2484, 270 N.E.3d 1202. “031(A)(3), a fourth degree felony; (Count 9) Public Indecency in violation of R.C. 2907.09(A)(1), a fourth degree misdemeanor; and (Count 10) Public Indecency in violation of R.”
State v. Rognon, 2019-Ohio-4222.
State v. Williams, 2025-Ohio-506.
Ohio Rev. Code § 2907.09(C)(1): 1 case
State v. Yoho, 2024-Ohio-1725.
Ohio Rev. Code § 2907.09(C)(2): 6 cases
State v. Henry, 2016-Ohio-680. “{¶22} Because R.C. 2907.09 provides for different level offenses, this matter implicates R.”
State v. McKinney, 2021-Ohio-3870.
State v. Allen, 2017-Ohio-4091, 92 N.E.3d 104.
State v. Maley, 2026-Ohio-1540.
State v. Davis, 2011-Ohio-1886.
Ohio Rev. Code § 2907.09(C)(3): 5 cases
State v. Henry, 2016-Ohio-680. “{¶22} Because R.C. 2907.09 provides for different level offenses, this matter implicates R.”
State v. Rice, 2021-Ohio-988. “The offense at issue in the 2002 case was public indecency pursuant to R.C. 2907.09(A)(2), a misdemeanor of the fourth degree.”
State v. Harmon, 2019-Ohio-5036.
State v. Legge, 2012-Ohio-747.
State v. Wright, 2016-Ohio-8068.
Ohio Rev. Code § 2907.09(C)(5): 1 case
State v. Yoho, 2024-Ohio-1725.
Ohio Rev. Code § 2907.09(D): 1 case
State v. Merritt, 2021-Ohio-3681.
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