A 46-year-old Hutchinson man who knowingly is HIV positive and found not guilty in 2009 by a Reno County jury for engaging in sexual activity with an 18-year-old Hutchinson man has been formally charged for failing to register a sex offender. Harlin Bailey, Jr. is free on a 5-thousand dollar signature bond for the new charge.

He had been released from prison back in October of 2006 for a conviction for criminal Sodomy out of Stafford County, but failed to register with the Reno County Sheriff as required by law and was convicted. He was given community corrections, but faces a probation violation because of the new violation. This time, he claims he was in custody, but jail officials say he was released prior to when he needed to register, so then he told the deputy that he was sick and must have forgotten.

Bailey, you may remember was acquitted in February of 2009 for a charge relating to allegedly exposing an 18-year-old mentally challenged man to a life-threatening communicable disease. The alleged sexual encounters with the his neighbor between January and April of 2007. The victim alleges the encounters happened on three occasions including once at Bailey’s home, and twice at his home. But, the jury found there was no intent of Bailey’s part to infect the young man with the HIV virus.

Bailey’s new case will now be placed on a waiver-status docket.