DEADWOOD - Fourth Circuit Judge Randall Macy set aside an agreed-upon 10-year prison term for confessed sex offender James Lynn Nemitz on Thursday and levied the maximum 15-year sentence on the 61-year-old Spearfish man.

Macy said he believes there is a good chance Nemitz will reoffend. Nemitz is eligible for parole in 7-1/2 years.

Nemitz pleaded guilty Aug. 20, to one count of sexual contact with a child younger than 16 in connection with a November 2008 crime against a 4-year-old. He was arrested June 8.

Because the victim was younger than 13, South Dakota law requires a mandatory minimum sentence of 10 years in the South Dakota State Penitentiary. Nemitz'

defense attorney Eric Whitcher said his client's poor health would make lengthy prison time difficult. Nemitz shouldered an oxygen tank when he entered the courtroom in prison garb.

"I am very remorseful," Nemitz said. "When I get to prison, I will start to find the opportunity to have counseling."

Lawrence County States Attorney John Fitzgerald said the 10-year sentence was agreed upon by the victim's mother as part of the plea deal back in August.

"I generally go along with plea agreements, but I reserve the right to alter that sentence," Macy said. "I find that by your actions and based on your evaluation, that there is a likelihood that you will reoffend."

Macy waived the $30,000 fine connected with the charge because of Nemitz' financial hardship.