A man who Wichita police say was caught in the act of having sex with a dog will only face a misdemeanor charge, despite committing a similar crime last year in Reno County.

Police arrested Josh Coman, 20, on Tuesday evening. A woman in the 3700 block of E. Clark heard someone break into her garage. When she went to check on the noise, she says she found Coman sexually assaulting her four year old female rottweiler.

Initially arrested for aggravated burglary of a home and criminal sodomy, will only face the misdemeanor sodomy charge. Authorities say because there was no intent to commit a felony or theft, he can't be charged with burglary.

A bench trial has been set for March 6. If a judge or jury finds that the crime was sexually motivated, Coman would have to register as a sex offender.

Coman pleaded guilty last year to a similar crime involving a dog in Reno County. Police say the state's new Magnum's Law, designed to protect animals from abuse, does not cover sexual assaults.

Authorities say Coman knew the family of the dog in Wichita, and had lived in the home for a short time last year.

Authorities release a new photo of Coman on Thursday.