A 41-year-old man is accused of sexually abusing a person who was incapable of consenting, court documents say.

On Friday, Brian Kelly Sumpter was booked into the Douglas County Jail, according to the county’s online booking logs. He faces a single felony count of aggravated criminal sodomy.

According to the logs, Sumpter is a transient man with ties to Topeka.

Sumpter was transferred to Douglas County from the Hutchinson Correctional Facility, where he was serving a prison sentence stemming from two 2013 drug convictions, according to the Kansas Department of Correction’s online offender registry.

Sumpter is accused of sodomizing a 40-year-old person who was unable to give consent either “because of mental deficiency or disease” or “because of the effect of any alcoholic liquor, narcotic, drug or other substance,” according to a criminal complaint filed in Douglas County District Court. The reported crime took place on Aug. 14, 2016.

In January 2002, Sumpter was convicted in Lyon County of felony aggravated assault and aggravated assault on a law enforcement officer, according to the Kansas DOC’s online registry. He was also convicted of felony burglary in May 2009 in Osborne County.

Sumpter does not have any criminal convictions in Douglas County District Court.

Aggravated criminal sodomy is a level one felony under the Kansas sentencing guidelines and depending on his criminal record Sumpter could face more than 54 years in prison if he is convicted of the charge.

Sumpter is currently being held in the Douglas County Jail in lieu of a $30,000 bond.

Douglas County Sheriff’s Office Sgt. Kristen Dymacek declined to release Sumpter’s booking photo to the public, saying that it is “not required to be disclosed under the Kansas Open Records Act.”