(a) No person shall recklessly do any of the following, under circumstances in which his or her conduct is likely to be viewed by and affront others, not members of his or her household:

(1) Expose his or her private parts, or engage in masturbation;

(2) Engage in sexual conduct;

(3) Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation.

(b) Whoever violates this section is guilty of public indecency. Except as otherwise provided in this subsection (b), public indecency is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to one violation of Ohio R.C. 2907.09 or substantially similar municipal ordinance, public indecency is a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to two violations of Ohio R.C. 2907.09 or substantially similar municipal ordinance, public indecency is a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to three or more violations of Ohio R.C. 2907.09 or substantially similar municipal ordinance, public indecency is a misdemeanor of the first degree. (ORC 2907.09)