A convicted sex offender in Independence County has been arrested after authorities say he failed to comply with sex offender registration and reporting requirements.

Nicholas Horton Smith, age 34, was arrested December 16th after a judge found probable cause to issue a warrant.

Smith was arrested and charged with two counts of failure to comply with registration and reporting requirements, a Class C felony.

Smith qualifies as a habitual offender according to prosecutors due to numerous prior felony convictions.

An investigation began on Nov. 10th after a report to a child abuse hotline. The report alleged burn marks were seen on the wrist of a 4-year-old child when the child returned to the center, marks that were not present earlier.

Investigators determined Smith was living in the home with the child’s mother. Smith is a registered Level 3 sex offender who reported living at an address in Sulphur Rock Arkansas.

Independence County Sheriff’s Office reports Smith has been located at that address despite repeated checks.

Investigators later determined that Smith had been living at a residence in Batesville, a location not listed on his registration paperwork.

Smith was present at the Batesville child care facility on Dec. 16th, Smith is restricted that prohibit him from entering child care facilities or school campuses when children are present due to being a Level 3 Offender.

Smith was arrested and bond was set at $100,000.