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Ohio Revised Code

Ohio Rev. Code § 2950.034 (2026)

Prohibiting offender from establishing residence near school, child care facility

✓ current as of May 2026
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Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
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(A) 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, preschool or child care center premises, children's crisis care facility premises, or residential infant care center premises.

(B) If a person to whom division (A) of this section applies violates division (A) of this section by establishing a residence or occupying residential premises within one thousand feet of any school premises, preschool or child care center premises, children's crisis care facility premises, or residential infant care center premises, an owner or lessee of real property that is located within one thousand feet of those school premises, preschool or child care center premises, children's crisis care facility premises, or residential infant care center premises, or the prosecuting attorney, village solicitor, city or township director of law, similar chief legal officer of a municipal corporation or township, or official designated as a prosecutor in a municipal corporation that has jurisdiction over the place at which the person establishes the residence or occupies the residential premises in question, has a cause of action for injunctive relief against the person. The plaintiff shall not be required to prove irreparable harm in order to obtain the relief.

(C) As used in this section:

(1) "Child care center" has the same meaning as in section 5104.01 of the Revised Code.

(2) "Children's crisis care facility" has the same meaning as in section 5103.13 of the Revised Code.

(3) "Children's crisis care facility premises" means both of the following:

(a) The parcel of real property on which any children's crisis care facility is situated;

(b) Any grounds, play areas, and other facilities of a children's crisis care facility that are regularly used by the children served by the facility.

(4) "Preschool" means any public or private institution or center that provides early childhood instructional or educational services to children who are at least three years of age but less than six years of age and who are not enrolled in or are not eligible to be enrolled in kindergarten, whether or not those services are provided in a child care setting. "Preschool" does not include any place that is the permanent residence of the person who is providing the early childhood instructional or educational services to the children described in this division.

(5) "Preschool or child care center premises" means all of the following:

(a) Any building in which any preschool or child care center activities are conducted if the building has signage that indicates that the building houses a preschool or child care center, is clearly visible and discernable without obstruction, and meets any local zoning ordinances which may apply;

(b) The parcel of real property on which a preschool or child care center is situated if the parcel of real property has signage that indicates that a preschool or child care center is situated on the parcel, is clearly visible and discernable without obstruction, and meets any local zoning ordinances which may apply;

(c) Any grounds, play areas, and other facilities of a preschool or child care center that are regularly used by the children served by the preschool or child care center if the grounds, play areas, or other facilities have signage that indicates that they are regularly used by children served by the preschool or child care center, is clearly visible and discernable without obstruction, and meets any local zoning ordinances which may apply.

(6) "Residential infant care center" has the same meaning as in section 5103.60 of the Revised Code.

(7) "Residential infant care center premises" means both of the following:

(a) The parcel of real property on which any residential infant care center is situated;

(b) Any grounds, play areas, and other facilities of a residential infant care center that are regularly used by the children served by the center.

Last updated August 17, 2023 at 10:45 AM

Notes of Decisions
Cited in 38 cases (10 in the last 5 years), 2008–2026 · leading case: State v. Bodyke, 2010 Ohio 2424 (Ohio 2010).
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State v. Bodyke, 2010 Ohio 2424 (Ohio 2010). · cites it 2× “2950.11(A)(1)(b). The AWA also forbids all sex offenders, including those who have not offended against children, from living within 1,000 feet of a school, preschool, or child day-care facility.”
O'Brien v. Hill, 965 N.E.2d 1050 (Ohio Ct. App. 2012). · cites it 25× “56, arguing that R.C. 2950.034 cannot be applied to him because he began residing in his home at 1765 Gerrand Avenue prior to the enactment of the statute.”
Childs v. Kroger, 2023 Ohio 2034 (Ohio Ct. App. 2023). · cites it 7× “Childs’ termination did not jeopardize the public policy expressed in R.C. 2950.034, and that Ms. Gray did not publish a false statement.”
Hyle v. Porter, 117 Ohio St. 3d 165 (Ohio 2008). · cites it 2× “031, later amended and recodified as R.C. 2950.034. 1 Former R.C. 2950.031(A) provides as follows: “No person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to either a sexually oriented offense that is not a registration-exempt sexually…”
Kennedy v. Louisiana, 554 U.S. 407 (2008). “2008) (sexually violent predators shall not reside within 1,000 feet of schools unless permission is given by school superintendent); Ohio Rev. Code Ann. § 2950.034 (Lexis Supp.”
State v. Benedetta, 2013 Ohio 4364 (Ohio Ct. App. 2013). · cites it 33× “031 was amended and recodified as R.C. 2950.034 as part of 2007 S.B. 10, effective July 1, 2007.”
Julie Hautzenroeder v. Michael DeWine, 887 F.3d 737 (6th Cir. 2018). “" Ohio Rev. Code § 2950.034(A). Violations are not criminal; instead, the State grants neighbors and local officials standing *743 to sue the offender for injunctive relief (i.”
State v. Lipkins, 2024 Ohio 608 (Ohio Ct. App. 2024). · cites it 12× “His signed plea agreement also states, “I understand as a registered sex offender, I am prohibited from establishing or occupying a residence within 1,000 feet of any school, preschool, or child daycare premises pursuant to R.C. 2950.034.” Appellant received a number of other…”
State v. Sipple, 2021 Ohio 1319 (Ohio Ct. App. 2021). “The duration of these duties is also set forth by statute and varies by tier.”
M6 Motors, Inc. v. Nissan of N. Olmsted, L.L.C., 2014 Ohio 2537 (Ohio Ct. App. 2014). · cites it 2× “In a case involving the interpretation of the phrase “within one thousand feet” contained within the residency restriction in R.C. 2950.034, the Tenth District Court of Appeals applied the ordinary meaning of the term “within” and determined that the straight-line approach is…”
State v. Gilbert, 2018 Ohio 879 (Ohio Ct. App. 2018). · cites it 5× “11, and the residential restrictions in R.C. 2950.034. Ragusa at ¶ 10. If the trial court fails to inform the defendant of all applicable penalties, the plea is invalid.”
O'Brien v. Phillips, 2015 Ohio 3901 (Ohio Ct. App. 2015). · cites it 31× “] The lower court's finding of fact number 20, that the parcel of real estate located at 3080 Wicklow Road, was a "school" as used in R.C. 2950.034 was clearly erroneous and contrary to the evidence.”
Show all 38 citing cases →
— Ohio Rev. Code § 2950.034(A) — 17 cases
State v. Bodyke, 2010 Ohio 2424 (Ohio 2010). “2950.11(A)(1)(b). The AWA also forbids all sex offenders, including those who have not offended against children, from living within 1,000 feet of a school, preschool, or child day-care facility.”
Julie Hautzenroeder v. Michael DeWine, 887 F.3d 737 (6th Cir. 2018). “" Ohio Rev. Code § 2950.034(A). Violations are not criminal; instead, the State grants neighbors and local officials standing *743 to sue the offender for injunctive relief (i.”
State v. Johnson, 2018 Ohio 5029 (Ohio Ct. App. 2018).
Childs v. Kroger, 2023 Ohio 2034 (Ohio Ct. App. 2023). “Childs’ termination did not jeopardize the public policy expressed in R.C. 2950.034, and that Ms. Gray did not publish a false statement.”
M6 Motors, Inc. v. Nissan of N. Olmsted, L.L.C., 2014 Ohio 2537 (Ohio Ct. App. 2014). “In a case involving the interpretation of the phrase “within one thousand feet” contained within the residency restriction in R.C. 2950.034, the Tenth District Court of Appeals applied the ordinary meaning of the term “within” and determined that the straight-line approach is…”
— Ohio Rev. Code § 2950.034(B) — 2 cases
State v. Lipkins, 2024 Ohio 608 (Ohio Ct. App. 2024). “His signed plea agreement also states, “I understand as a registered sex offender, I am prohibited from establishing or occupying a residence within 1,000 feet of any school, preschool, or child daycare premises pursuant to R.C. 2950.034.” Appellant received a number of other…”
O'Brien v. Phillips, 2015 Ohio 3901 (Ohio Ct. App. 2015). “] The lower court's finding of fact number 20, that the parcel of real estate located at 3080 Wicklow Road, was a "school" as used in R.C. 2950.034 was clearly erroneous and contrary to the evidence.”
— Ohio Rev. Code § 2950.034(a) — 1 case
In re J.B., 2011 Ohio 4530 (Ohio Ct. App. 2011).
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