A 45-year-old Hutchinson man who is HIV positive and who was found not guilty in 2009 by a Reno County jury for engaging in sexual activity with an 18-year-old Hutchinson man was in court Tuesday for failing 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 back to prison.

Bailey was acquitted in February of 2009 for allegedly exposing an 18-year-old mentally challenged man to a life-threatening disease.

The arraignment Tuesday was in front of Judge Tim Chambers and the case will not be scheduled for a possible jury trial.