Ohio Indecent Exposure Laws

Every state has laws governing indecent exposure or "public indecency." Ohio is no different. Ohio law treats indecent exposure like any other sex crime. If the state convicts you of this crime, not only will you end up with a criminal record, but you may have to register as a sex offender.

The good news is that, in Ohio, indecent exposure is a misdemeanor crime.

This article will explain, in more detail, how Ohio's public indecency laws work and the penalties for public indecency.

What Is Public Indecency in Ohio?

In Ohio, law enforcement can arrest you for indecent exposure if they catch you doing any of the following three things in a public place:

  • Exposing your private parts
  • Engaging in sexual conduct or masturbation
  • Engaging in conduct that an ordinary observer would consider sexual conduct or masturbation

For the state to convict someone of indecent exposure, Ohio law requires that the person be performing these acts recklessly. It also requires the following:

  • People in physical proximity to the defendant view the behavior
  • The people who see these acts take affront to the behavior
  • The viewers are not the family member or spouse of the offender

Common Examples of Public Indecency Cases

Sometimes, the best way to explain a particular crime is to offer common examples of the criminal offense. We'll break down Ohio's public indecency statute in the chart below. But, you should familiarize yourself with how indecent exposure works so you can avoid criminal charges and, more importantly, a public indecency conviction.

Some examples of things that constitute public indecency in Ohio include:

  • Public nudity
  • Skinny dipping in a public lake, beach, or pool
  • Having sexual intercourse in a parking lot
  • Engaging in sexual activity at a movie theater
  • Displaying sexual arousal in a public gathering place

If a police officer witnesses any of these behaviors, it can result in a first-degree misdemeanor or other charges. Depending on the nature and extent of your public act, the state may charge you with any of the following:

  • First-degree misdemeanor
  • Second-degree misdemeanor
  • Third-degree misdemeanor
  • Fourth-degree misdemeanor

Of course, for the state to convict you of any of these charges, it must prove its case beyond a reasonable doubt. If your criminal defense lawyer can show that the state hasn't met this burden, the judge (or jury) must acquit you of the criminal charges.

Aggravated Public Indecency

In some cases, the state can file felony charges for indecent exposure. If the police catch you exposing your genitals or engaging in sexual conduct in front of a minor, you could face a felony of the fifth degree or worse.

The state will escalate your public indecency charges to higher-level crimes if you act knowingly or if you have prior convictions for public indecency.

The following table highlights the main provisions of Ohio's indecent exposure laws. See Sexual Assault, Sex Crimes, and Sex Offenders and Sex Offenses for more information.

Code section

Public indecency: Ohio Revised Code Section 2907.09

What is prohibited
  • Public indecency: Recklessly exposing your "private parts" in front of another person or engaging in masturbation or other sexual conduct in a place likely to be seen by other people.
  • Aggravated indecent exposure: Knowingly doing the same thing but doing so in front of a child. The state can also charge you with this crime if you have prior convictions for public indecency
Penalties

Fourth-degree misdemeanor to a fifth-degree felony (depending on the facts) and possible lifetime sex offender registration

Definition of a minor

Anyone under 18

Definition of private parts

Men or women's genitalia, excluding a woman's breasts

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

City, Township, and Campus Ordinances

Aside from a statewide ban on public indecency, there are also local ordinances that people must follow. Check your local city, township, or campus rules for more information.

Overexposed? Get Covered With the Help of an Attorney

Ohio's indecency laws are complex. It's a good idea to consult an experienced sex crimes attorney in Ohio. An experienced Ohio criminal defense attorney will help protect your rights and guide you through the legal process while aggressively defending your case from start to finish. 

Was this helpful?

Can I Solve This on My Own or Do I Need an Attorney?

  • Complex cases usually require a lawyer
  • Experienced lawyers can seek to reduce or eliminate criminal penalties
  • Sexual assaults & sex crime convictions often have long sentences and lifelong consequences

Get tailored legal advice and ask a lawyer questions. Many attorneys offer free consultations.

 

If you need an attorney, find one right now.