R.C. 2950.034 Interpretation

Section 2950.034 provides that "no person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to a sexually oriented offense or a child-victim oriented offense shall establish a residence or occupy residential premises within one thousand feet of any school premises or preschool or child day-care center premises." R.C. 2950.034(A). In Hyle v. Porter, the Ohio Supreme Court held that the residency requirements of the previous version of the statute, then codified at Section 2950.031, could not be applied retroactively to an offender who bought his home and committed his offense before the effective date of the statute. Hyle, 117 Ohio St. 3d 165, 2008 Ohio 542, 882 N.E.2d 899, at syllabus. The Ohio Supreme Court has also held that, "the constitutionality of a state statute may not be brought into question by one who is not within the class against whom the operation of the statute is alleged to have been unconstitutionally applied and who has not been injured by its alleged unconstitutional provision." Palazzi v. Estate of Gardner, 32 Ohio St. 3d 169, 512 N.E.2d 971, syllabus (1987). "A hypothetical or potential injury" will not give a person standing to challenge the constitutionality of a statute. State v. Spikes, 129 Ohio App. 3d 142, 145, 717 N.E.2d 386 (1998).