COLUMBUS, Ohio — A bill that has already passed the Ohio House and is now pending in the Senate targets drag performances near minors — but a close reading of the legislation reveals language that could expose Ohio women to criminal charges for wearing a bikini, sports bra, or halter top in public.
House Bill 249, the Indecent Exposure Modernization Act, makes two distinct changes to Ohio law that critics say reach far beyond their stated purpose.
The drag performance provision
The bill creates a new legal category — “adult cabaret performance” — defined as a performance outside of a licensed adult entertainment venue, where minors may be present, that features performers “who exhibit a gender identity that is different from the performer’s or entertainer’s biological sex” using clothing, makeup, prosthetics, or other physical markers.
Under the bill, knowingly engaging in such a performance is a criminal offense. A first violation involving a juvenile is a first-degree misdemeanor. If the performance is deemed obscene, it becomes a fifth-degree felony. If the audience includes a child under 13 and the performance is obscene, it escalates to a fourth-degree felony.
The bill does include a narrow exception for “bona fide film, theatrical, or other artistic endeavor or performance that is not obscene or harmful to juveniles” — but the legislation provides no definition of what qualifies as “bona fide,” leaving that determination open to interpretation by law enforcement.
The women’s clothing problem
The second — and arguably more far-reaching — change involves Ohio’s public indecency statute. The bill replaces the existing term “private parts” with “private area, as defined in section 2907.01 of the Revised Code.”
That definition, preserved elsewhere in the bill, includes female breasts where they are “nude or covered by an undergarment.”
The practical implication is significant. Under the bill’s language, a woman whose breasts are covered only by what could be classified as an undergarment — a bikini top, a sports bra, a halter top, or a T-shirt worn without a bra — could be subject to a public indecency charge if an officer determines the exposure is likely to affront others in her vicinity.
The bill’s own text reveals awareness of this tension. It explicitly carves out an exemption for breastfeeding women, stating that a woman who is breastfeeding is not in violation even if her breast is exposed. That exemption would be legally unnecessary unless the bill’s language could otherwise be read to criminalize breast exposure, which is precisely what the new “private area” definition enables.
A first-time public indecency offense under the bill is a fourth-degree misdemeanor. Prior convictions escalate the charge, and violations involving minors carry significantly steeper penalties — up to a fifth-degree felony for repeat offenders whose conduct was witnessed by a minor.
The bill passed the Ohio House and is currently awaiting action in the Senate. No hearing date has been scheduled.
The proposed legislation can be viewed below:
