A 26-year-old Oak Harbor man previously convicted of possessing child pornography is now facing a child rape charge, according to court documents.

Prosecutors charged Daniel Daly in Island County Superior Court April 20 with the rape of a child in the third degree. Under the definition of the charge, he’s accused of having sex with a child younger than 16 years old.

Daly pleaded not guilty May 2.

According to the police report, a 15-year-old girl reported that Daly raped her while they were watching a movie together at her home. Daly was a friend of the family.

The girl told police that Daly had previously texted her, asking if she would have sex with him. She texted that she would not, the police report states.

Five years ago, Daly pleaded guilty to four counts of possessing depictions of minors engaged in sexually explicit conduct. Police had found more than 100 pornographic movies depicting children ages 8 to 14 on his computer.

“I’m deeply ashamed of my actions. I did not wish to hurt anyone and only hope I can redeem myself in the future,” Daly said at his sentencing hearing five years ago.

Under the terms of the 2006 plea bargain, the former chief criminal deputy prosecutor recommended a sentence of only five months in prison in exchange for the plea. The deputy prosecutor explained that the plea meant Daly would accrue a lot of “points” which would be used against him if he ever committed another crime.

The state’s sentencing laws are based on a point system. People who commit crimes receive points which can be used against them if they commit other crimes in the future. The more points, the greater the sentence range.

If convicted of the current charge, rape of a child in the third degree, Daly could get five years in prison.