HB 249 — Enact the Indecent Exposure Modernization Act

As ReportedPassed by the House Judiciary Committee 136th General Assembly Regular Session H.

Representatives Hoops, Deeter, Workman, Barhorst, Bird, Claggett, Click, Creech, Thomas, D., Demetriou, Ferguson, Fowler Arthur, Gross, Hall, T., Hiner, Holmes, Thomas, J., John, Miller, K., Ritter, Klopfenstein, Lear, Dean, Lorenz, Johnson, Mathews, T., McClain, Miller, M., Mullins, Newman, Peterson, Pizzulli, Plummer, Richardson, Robb Blasdel, Salvo, Swearingen, Willis, Lampton, Jones, Schmidt, Fischer, Mathews, A., StewartStewart, Abrams, Craig, Daniels, Dovilla, Ghanbari, Kishman, Roemer, Santucci, Stephens, Young To amend sections 2907.09, 2907.39, and 4301.25 of 1 the Revised Code to enact the Indecent Exposure 2 Modernization Act.

249 Page 2 As ReportedPassed by the House Judiciary Committee (3) Engage in conduct that to an ordinary observer would 16 appear to be sexual conduct or masturbation.

249 Page 3 As ReportedPassed by the House Judiciary Committee minor, a misdemeanor of the first degree.

249 Page 4 As ReportedPassed by the House Judiciary Committee (5) Except as otherwise provided in division (C)(5) of 75 this section, a violation of division (B)(4) of this section is 76 a misdemeanor of the first degree.

249 Page 5 As ReportedPassed by the House Judiciary Committee persons per machine at any one time, and in which the images so 104 displayed are distinguished or characterized by their emphasis 105 upon matter exhibiting or describing specified sexual activities 106 or specified anatomical areas.

249 Page 6 As ReportedPassed by the House Judiciary Committee principal business purposes does not exempt an establishment 134 from being categorized as an adult bookstore, adult novelty 135 store, or adult video store so long as one of its principal 136 business purposes is offering for sale or rental, for some form 137 of consideration, such materials that exhibit or describe 138 specified sexual activities or specified anatomical areas.

249 Page 7 As ReportedPassed by the House Judiciary Committee (v) Performers or entertainers who exhibit a gender 162 identity that is different from the performer's or entertainer's 163 biological sex using clothing, makeup, prosthetic or imitation 164 genitals or breasts, or other physical markers;

249 Page 8 As ReportedPassed by the House Judiciary Committee (6) (8) "Adult motion picture theater" means a commercial 191 establishment where films, motion pictures, video cassettes, 192 slides, or similar photographic reproductions that are 193 distinguished or characterized by their emphasis upon the 194 exhibition or description of specified sexual activities or 195 specified anatomical areas are regularly shown for any form of 196 consideration.

249 Page 9 As ReportedPassed by the House Judiciary Committee operated in any of the following ways:

249 Page 10 As ReportedPassed by the House Judiciary Committee business or commercial establishment that, as one of its 250 principal business purposes, offers for any form of 251 consideration a place where either of the following occur:

249 Page 11 As ReportedPassed by the House Judiciary Committee entertainment establishment.

249 Page 12 As ReportedPassed by the House Judiciary Committee contractor had reason to believe that the individual gaining 307 entrance to the adult entertainment establishment was at least 308 eighteen years of age.

249 Page 13 As ReportedPassed by the House Judiciary Committee years of age, except as otherwise provided in this division, a 337 violation of this section is a misdemeanor of the first degree.

249 Page 14 As ReportedPassed by the House Judiciary Committee for a permit;

249 Page 15 As ReportedPassed by the House Judiciary Committee Section 2.