To amend sections 2907.09, 2907.39, and 4301.25 of the Revised Code to enact the Indecent Exposure Modernization Act.
HB249, titled the Indecent Exposure Modernization Act, revises Ohio’s public indecency and adult-entertainment laws. It updates the public indecency statute to clarify prohibited conduct, including exposure of private parts, sexual conduct, masturbation, and conduct that would appear to an ordinary observer to be sexual conduct or masturbation. It also adds or refines penalties based on prior offenses and the presence of minors, and it creates a specific tier I sex-offender registration consequence in certain repeat cases involving exposure for sexual arousal or to lure a minor.
The bill also substantially rewrites the state’s adult-entertainment definitions and offense provisions. It defines and regulates adult bookstores, adult cabarets, adult cabaret performances, adult theaters, nude model studios, and sexual encounter establishments, and it prohibits minors from being on the premises of adult entertainment establishments. It further creates a new offense for unlawful adult cabaret performances outside an adult cabaret, with enhanced penalties when the performance is obscene or presented to younger minors. The bill also ties liquor permit consequences to violations of the adult-entertainment provisions by allowing permit suspension or revocation in specified circumstances.
HB249 would amend Revised Code sections 2907.09, 2907.39, and 4301.25, replacing existing language and expanding the state’s regulatory framework for public indecency and adult entertainment. It would affect criminal defendants charged with indecent exposure or related conduct, operators and employees of adult entertainment establishments, minors attempting to enter such establishments, and liquor permit holders whose premises are involved in violations. The bill also introduces or clarifies registration consequences and administrative penalties, including liquor permit discipline.
The available voting history suggests the bill had meaningful support in the House but also notable opposition. It received a favorable committee vote of 7-4 and then passed the House 63-32, indicating a majority coalition in support while a substantial minority opposed it. No committee transcript is available, so the record does not show detailed debate, but the vote pattern suggests the bill was politically salient and somewhat divisive.
The most likely points of contention are the bill’s treatment of gender identity in the definition of adult cabaret performance, its regulation of drag or gender-nonconforming performances, and its broad restrictions on adult cabaret performances in places where minors may be present. Another likely area of dispute is the expansion of criminal penalties and sex-offender registration consequences for indecent exposure-related conduct, especially where the conduct involves minors or repeat offenses. Supporters appear to favor stronger and more modernized protections for minors and clearer enforcement tools, while opponents likely object to the breadth of the definitions, the potential impact on expressive conduct, and the severity of the penalties.