Robert Rios says he stumbled and accidentally fell on top of an eight-year-old girl after he woke up.
Rios was arrested in April last year on a charge of aggravated sexual assault of a child but pleaded guilty to the lesser charge.
He received 10 years probation.
Rios was booked into the Wichita County Jail yesterday after being picked up on an arrest warrant for allegedly violating his probation.
According to paperwork filed by the prosecutor, Rios has not provided proof that he's up-to-date on his community service hours and has not shown up to some of his sex offender counseling sessions.
The motion to revoke probation also states Rios lives within 1000 feet of a daycare and has not moved since being sentenced, nor has he asked permission from a judge to continue living at his residence.
Rios is due in court next month.
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