RENO COUNTY— A Kansas man charged with commercial sexual exploitation of a child waived his right to a preliminary hearing Thursday and entered a no contest plea to the charge while the state dropped a second charge of misdemeanor sexual battery.

Jerry Pierce Jr., 47, was arrested after officers were called to a home on West Sherman in Hutchinson on Nov. 14, on the report from an underage girl that Pierce was attempting to have sexual relations with her.

The two had also chatted online about having sexual encounters with the agreement that he would pay off some Municipal Court fines.

District Attorney Keith Schroeder noted in court that, had the two actually had sex, there would be no crime. The judge agreed that this case fell under the strange law category.

The charge is a level 5 felony, but under sentencing guidelines falls under a border box. Schroeder said that he agreed to recommend a non-prison sanction of three years community corrections on a two-year underlying sentence.

Judge Joe McCarville set sentencing for Feb. 22.