A 45-year-old Hutchinson man who is knowingly 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 failed to register as a sex offender for the second time.

Harlin Bailey, Jr., was 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. He failed to register once before and was placed on community corrections. He’s now now accused of failing to register again and that could be enough to see him sent to prison again.

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