A registered sex offender has allegedly re-offended, but on a much higher level that could result in 50 years in prison on rape charges.

A Butler County grand jury indicted Brian O’Leary, 40, of Middletown on five counts of rape and one count of misdemeanor attempted disseminating matter harmful to juveniles. Assistant Prosecutor Jennifer McElfresh said O’Leary allegedly attacked a child under the age of 13. She said O’Leary knows the child and the acts occurred between September 2011 and June 2012 in Middletown.

Court documents show O’Leary was charged with eight counts of pandering sexually oriented matter involving a minor in 2003. He plead guilty and was sentenced two years in prison. He was classified as a sexually oriented offender.

McElfresh said additional charges could follow, given that he has been convicted on prior sex charges.

“He was on post-release control because he served a prison sentence,” she said. “So it is possible his parole officer could file a post-release control violation. It is also possible the judge could add additional time onto his sentence for committing a new offense while on post-release control. If he is convicted on the new case, he’ll have a higher classification as a sex offender.”

If he is found guilty on all five counts, he faces a possible life in prison sentence with parole eligibility after 10 years.