Ohio House Passes Indecent Exposure Modernization Act

COLUMBUS - State Representative Josh Williams (R-Sylvania Twp.) announced that the Ohio House of Representatives passed House Bill 249, also known as the Indecent Exposure Modernization Act. The bill aims to protect Ohio's children, preserve family values and update Ohio's outdated obscenity laws.

House Bill 249 - sponsored by Reps. Williams and Angie King (R-Celina) - establishes important measures to protect children from being exposed to cabaret performances that are marketed to adults with adult themes, imagery, and performances. The ultimate goal is to protect children and families from sexualized performances taking place in public spaces while preserving the free speech rights of performers.

"Ohio has clear gaps in its indecent exposure and obscenity laws," said Rep. Williams. "The legislature has said time and time again that kids should not be exposed to obscene material. Now we are taking the step to ensure that the same type of obscene performances that they cannot watch online, they can't watch in person. It is our obligations to provide for the safety and security of Ohio's children and today we accomplished that by assuring that children will not be present where performers are engaged in obscene acts that should be performed behind closed doors in adult only venues."

The Indecent Exposure Modernization Act creates the offense of "unlawful adult cabaret performance," which prohibits a person, with knowledge of its character and content, from recklessly engaging in an adult cabaret performance in a location other than an adult cabaret. The bill underscores that an offense does not apply to a bona fide film, concert, or other artistic performance that is not obscene or not harmful to juveniles, or an adult cabaret performance in a private residence where no minors are present.

Under the bill, performing an "unlawful adult cabaret performance" is a first-degree misdemeanor or a fourth- or fifth-degree felony depending on the circumstances of the offense.

The legislation also updates the offense of public indecency in the law to include exposure of a person's "private area" rather than just the exposure of "private parts," following a case in Xenia.