A CHILD molester banned from being with children -- but who was later found to be living with a schoolgirl -- has kept his freedom.

Burnley Crown Court heard how Gary Kimm, 25, had been put on probation for two years after indecently assaulting a seven year old girl when he lived in Colne.

He had been told by a judge not to have contact with any children, not to change his address without telling his probation officer and to live where the service approved -- but had moved and had lived in the same house as the 15-year-old.

Kimm, said to have been "having thoughts" about his sex assault victim for three months before he interfered with her, and to have broken down in tears when confronted, was conditionally discharged for six months when he appeared for breach of probation.

The order, imposed in June 1998, was allowed to continue, but Judge Raymond Bennett told Kimm, now living in Blackpool, he must stick to the original conditions -- or he might end up in jail.

He had earlier adjourned the case for inquiries to be made about where Kimm was now living.

Mark Stuart, prosecuting for the probation service, said Kimm had responded well to the order at first, but had then become furtive and deceptive. It was found a 15-year-old had gone to live with the defendant's mother because of family difficulties and there were worries over her being in the same house as Kimm.

After discussions between the various authorities, it was later felt the teenager was not at risk of sex abuse from Kimm and they had not had a sexual relationship.

David Pickup, for Kimm, said the girl was now 16 and no longer a child. The relationship between her and Kimm was complicated but not sexual. Her mother and grandmother had been trying to cause trouble for Kimm and she did not want to go home to them.