A man in the country illegally has been charged with second degree sexual assault of a female family member.

Alfredo Diaz-Hernandez, 48, is accused of having touched the girl’s behind and breasts and attempting to place his hand under her clothing.

Because the victim in the case is less the 14 years old, the charge is a Class B felony, punishable upon conviction by five to 20 years in prison.

The child’s parents told investigators that Diaz-Hernandez was staying with them because he had nowhere else to go. The child’s mother also told investigators that they were leery about having the man there and that the child had placed a chair against the door to her bedroom in case anyone entered the room.

The child told investigators she knew it was Diaz-Hernandez who entered her room and she pretended to be asleep but after he touched her behind she pretended to awaken and yelled "stop" at her cat in hopes he would stop and the noise would awaken her parents, but he then placed his hand under her shirt, she said and was attempting to put his hand in her shorts when her parents entered the room.

Diaz-Hernandez told investigators he entered the room because he thought he heard a noise and that he touched the girl to see if she was awake.

After Diaz-Hernandez was jailed, investigators spoke with Immigration and Customs Enforcement officials who determined the man was in the country illegally. Diaz-Hernandez asked to speak to the Mexican Consulate and was permitted to do so, according to court documents.

Court documents also indicate Diaz-Hernandez is due to be arraigned on the charge on May 3.