Ohio HB 249 Penalties, When Does a Misdemeanor Become a Felony And Could Someone End Up on the Sex Offender Registry?

Most coverage of Ohio House Bill 249 mentions that violations carry penalties ranging from a misdemeanor to a felony. Very little coverage explains exactly how that escalation works — what triggers each level, what the real-world consequences are at each step, and how a person could end up on Ohio’s sex offender registry over a performance.

This article maps the complete penalty structure of HB 249 as passed by the Ohio House, drawing directly from the bill text and Ohio’s existing sentencing and sex offender registration statutes. As of April 4, 2026, this bill has not been signed into law. It passed the Ohio House on March 25, 2026, and now sits in the Ohio Senate. Everything below describes what the penalties would be if the Senate passes it unchanged.

HB 249 Creates Two Separate Penalty Tracks

Before mapping the penalties, it is essential to understand that HB 249 amends two different sections of the Ohio Revised Code — and each creates a separate penalty track:

Track One covers the new offense of “unlawful adult cabaret performance” under ORC § 2907.39. This is the provision targeting performances — including those featuring gender identity expression — outside of licensed adult cabarets.

Track Two covers the updated public indecency offense under ORC § 2907.09. This is the provision replacing “private parts” with “private area,” which the bill’s own sponsor confirmed is intended to affect transgender people in public facilities.

Both tracks have their own penalty ladders, and a person could theoretically be charged under either one or both, depending on the conduct alleged.

Track One: Unlawful Adult Cabaret Performance Penalties

The Base Offense

Under HB 249, knowingly engaging in an unlawful adult cabaret performance — meaning a performance outside a licensed adult cabaret, where minors may be present, that is harmful to juveniles or obscene, and that features one of the bill’s listed performer categories — is a criminal offense.

The penalty depends on two factors: whether a minor is actually present, and whether the performance is obscene.

The Penalty Ladder for Adult Cabaret Performance

Level 1 — First-degree misdemeanor: A performance that meets the definition of an unlawful adult cabaret performance and occurs in the presence of a person under the age of 18, but is not obscene. A first-degree misdemeanor in Ohio carries up to 180 days in jail and a fine of up to $1,000.

Level 2 — Fifth-degree felony: The offense elevates to a fifth-degree felony if the performance escalates in defined ways. A fifth-degree felony in Ohio carries up to 12 months in prison and a $2,500 fine. The escalation triggers include: the performance being obscene under the Miller test, or the offender having prior convictions under this section.

Level 3 — Fourth-degree felony: A fourth-degree felony carries up to 18 months in prison and a $2,500 fine. This level applies when the performance is both obscene and involves a child under the age of 13.

To put those numbers in plain terms: a first offense at the most serious level — an obscene performance in front of a child under 13 — carries a potential 18-month prison sentence. That is not a small penalty.

The Bona Fide Performance Exemption

The bill does include one explicit carve-out. It states that the offense does not apply to a bona fide film, concert, or other artistic performance that is not obscene or not harmful to juveniles, or to an adult cabaret performance in a private residence where no minors are present. The word “bona fide” is not defined in the bill, which, as discussed in our companion articles, creates its own enforcement uncertainty.

Track Two: Public Indecency Penalties Under the Updated ORC § 2907.09

This track is more complex because it has always had a multi-level penalty structure, and HB 249 preserves that structure while expanding the definition of what body exposure is covered. Here is the full ladder directly from the bill text.

Division (A) Offenses — Reckless Conduct in Public

These apply when a person recklessly exposes a private area or engages in apparent sexual conduct in circumstances likely to affront others nearby who are not household members. Note that “private area” under HB 249 now includes the genital area, pubic area, buttocks, and the female breast below the areola.

First offense, no minor present: Fourth-degree misdemeanor — up to 30 days in jail and a $250 fine.

Second offense, no minor present: Third-degree misdemeanor — up to 60 days in jail and a $500 fine.

Second offense, minor present: Second-degree misdemeanor — up to 90 days in jail and a $750 fine.

Third offense, no minor present: Second-degree misdemeanor.

Third offense, minor present: First-degree misdemeanor — up to 180 days in jail and a $1,000 fine.

Four or more offenses, no minor present: First-degree misdemeanor.

Four or more offenses, minor present: Fifth-degree felony — up to 12 months in prison and a $2,500 fine.

Division (B) Offenses — Knowing Conduct in the Presence of a Minor

These apply when a person knowingly engages in the listed conduct in the presence of a minor who is not their spouse. The penalty ladder for Division (B) offenses is higher because “knowingly” represents a more culpable mental state than “recklessly.”

Masturbation, sexual conduct, or apparent sexual conduct (B)(1)-(3):

• First offense: Second-degree misdemeanor
• Second offense: First-degree misdemeanor
• Third or more offenses: Fifth-degree felony

Exposure for sexual arousal or to lure a minor (B)(4):

• First offense: First-degree misdemeanor — up to 180 days in jail and a $1,000 fine
• Any subsequent offense: Fifth-degree felony — up to 12 months in prison

Division (B)(4) is the provision most relevant to the Xenia locker room situation the bill’s sponsors specifically referenced — because it covers exposure of private areas in the presence of a minor with a particular purpose. That provision has the highest starting penalty in the public indecency section and, critically, is the provision connected to sex offender registration.

The Sex Offender Registry Question

This is the question that generates the most anxiety — and the most confusion — among people researching HB 249. So here is a precise answer drawn directly from the Ohio Revised Code as amended by the bill.

Which Offense Can Trigger Registry Consideration?

Sex offender registration under HB 249 is connected specifically to one provision: a violation of Division (B)(4) of ORC § 2907.09 — meaning the knowing exposure of private areas in the presence of a minor for the purpose of sexual arousal or to lure the minor into sexual activity.

The bill text states directly: if either of the following applies, the court may determine at the time of sentencing whether to classify the offender as a Tier I sex offender/child-victim offender for a violation of Division (B)(4): the offender is less than ten years older than the other person; or the offender is ten or more years older than the other person and has not previously been convicted of or pleaded guilty to any violation of this section.

There is also a mandatory classification scenario: if the offender is convicted of or pleads guilty to a violation of Division (B)(4), is ten or more years older than the other person, and previously has been convicted of or pleaded guilty to any violation of this section, the court shall issue an order at the time of sentencing that classifies the offender as a Tier I sex offender/child-victim offender.

In plain English: for most first-time offenders under this provision, registration is at the court’s discretion — the judge may or may not order it. For a repeat offender who is also ten or more years older than the minor involved, registration is mandatory.

What Does Tier I Registration Actually Mean?

This is where the real-world stakes become concrete. Ohio’s sex offender registry is an offense-based system with three tiers.

Tier I sex offenders must register once a year for a term of 15 years. Registration means appearing in person with the county sheriff, providing a current residential address, work or school address, and other identifying information. Sex offenders must also immediately alert the county sheriff to any changes in their address or other registered information.

Sex offenders of any tier who are convicted of crimes committed after July 31, 2003, are prohibited from living within 1,000 feet of a school. Those convicted after July 1, 2007, are also prohibited from living within 1,000 feet of a daycare center or preschool.

Ohio’s sex offender registry is publicly searchable online. Anyone can look up a registered person’s name, address, photograph, and offense. That information remains publicly accessible for the full 15-year registration period.

Failing to comply with registration requirements is itself a felony offense. The degree of the felony corresponds to the severity of the original sex offense conviction — meaning failure to register after a misdemeanor conviction is a fourth-degree felony.

Is Registry Triggered by the Adult Cabaret Performance Offense?

No — not directly. The sex offender registry provisions in HB 249 are attached only to the Division (B)(4) public indecency offense, not to the unlawful adult cabaret performance offense under ORC § 2907.39. A performer convicted under the adult cabaret performance section would not face sex offender registration solely on the basis of that conviction, unless they are also separately convicted of the Division (B)(4) indecency offense in the same proceeding.

This is an important distinction that most coverage misses entirely.

Penalty Summary Reference Table

Offense	Level	Prison/Jail	Fine	Registry Possible?
Unlawful adult cabaret performance, minor present, not obscene	1st-degree misdemeanor	Up to 180 days	Up to $1,000	No
Unlawful adult cabaret performance, obscene or repeat offense	5th-degree felony	Up to 12 months	Up to $2,500	No
Unlawful adult cabaret performance, obscene, child under 13	4th-degree felony	Up to 18 months	Up to $2,500	No
Public indecency (A)(1), first offense, no minor	4th-degree misdemeanor	Up to 30 days	Up to $250	No
Public indecency (A)(1), 4+ offenses, minor present	5th-degree felony	Up to 12 months	Up to $2,500	No
Public indecency (B)(4), first offense (exposure to lure minor)	1st-degree misdemeanor	Up to 180 days	Up to $1,000	Court’s discretion
Public indecency (B)(4), repeat offense	5th-degree felony	Up to 12 months	Up to $2,500	Court’s discretion
Public indecency (B)(4), repeat + 10+ years older than minor	5th-degree felony	Up to 12 months	Up to $2,500	Mandatory Tier I

What These Penalties Mean for Specific Groups

For Performers

Anyone who performs under a gender identity that is not consistent with their sex assigned at birth outside of a legally-defined adult cabaret may be subject to penalties ranging from a first-degree misdemeanor up to a fourth-degree felony. The key variable is whether a minor is present and whether the performance meets the legal definition of obscene. A first offense at a community event where a child is present but the performance is not legally obscene would be charged as a first-degree misdemeanor carrying up to 180 days in jail. If the performance is also found obscene and a child under 13 is present, the exposure jumps to an 18-month prison sentence.

For Venue Owners

Theaters, libraries, community centers, family-friendly restaurants, outdoor event spaces, and any venue that is not a licensed adult cabaret could face legal exposure for hosting covered performances. Beyond the criminal penalties facing performers, venues holding Ohio liquor permits face an additional consequence: a conviction under the adult cabaret performance section can trigger suspension or revocation of the venue’s liquor license by the Ohio Liquor Control Commission. This gives regulators a financial enforcement mechanism entirely separate from the criminal penalty track.

For People Facing the Registry

The sex offender registry possibility is real but narrowly targeted — it applies only to the Division (B)(4) offense, which requires knowing conduct in the presence of a minor combined with a specific purpose: sexual arousal or luring the minor into sexual activity. That is a high bar. A performer convicted solely under the adult cabaret performance section of the bill does not face registry consequences on that basis alone. However, if a prosecutor charges both the adult cabaret performance offense and the Division (B)(4) public indecency offense in the same case, registry becomes a live question at sentencing.

What Supporters and Critics Say About the Penalties

Supporters of the bill argue the penalty structure is calibrated appropriately to the severity of the conduct. The bill’s sponsors stated their goal is to protect children and families from sexualized performances in public spaces, and that penalties are proportionate — beginning with a misdemeanor for non-obscene performances and escalating only when conduct is found to be obscene or involves very young children.

Critics argue that even the base misdemeanor penalty — up to 180 days in jail and a $1,000 fine — is severe for conduct that a court may never ultimately find to violate the law’s standards. The ACLU of Ohio has pointed out that the initial enforcement decision rests with the arresting officer and the charging prosecutor, and that the threat of prosecution creates a chilling effect on protected expression even when charges are never filed or are ultimately dismissed. An arrest record, even without a conviction, carries significant professional and personal consequences.

The Bottom Line on Penalties

HB 249 is not a fine-only law. Its penalties are criminal, they escalate meaningfully with repeat offenses or the presence of young children, and in one specific scenario — a repeat offender who is significantly older than the minor involved — sex offender registration becomes mandatory rather than discretionary.

The most important practical takeaway is this: the penalty track connected to sex offender registration is the public indecency provision under ORC § 2907.09(B)(4), not the adult cabaret performance provision under ORC § 2907.39. Those are different offenses with different elements. A person charged under the adult cabaret performance section would not automatically face registry consequences — but prosecutors retain the discretion to charge both offenses simultaneously, and that possibility should inform how performers, venue owners, and legal counsel approach the risk.

As always: if you are a performer, venue owner, or individual who believes any provision of HB 249 could affect you, consult a licensed Ohio criminal defense attorney before the law takes effect. The penalty structure described here reflects the bill as passed by the Ohio House. The Senate may amend it before any final vote.

By AllAboutLawyer.com | Updated April 4, 2026

Also on AllAboutLawyer.com:

• What Does “Regardless of Whether It’s for Consideration” Mean in Ohio HB 249?
• Does Ohio HB 249 Criminalize Being Transgender in Public?
• The Xenia YMCA Case That Started It All: What Actually Happened

Legal Disclaimer: This article is for general informational and educational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. Penalty information is drawn from HB 249 as passed by the Ohio House of Representatives and existing Ohio Revised Code provisions. This bill has not been signed into law. Penalty structures may change if the Senate amends the bill. Legal outcomes depend entirely on the specific facts, charges, and circumstances of any individual case. If you have questions about how HB 249 or any Ohio criminal statute may affect your specific situation, consult a licensed Ohio criminal defense attorney in your jurisdiction.