A Brookhaven man was arrested Saturday for probation violation and touching a child for lustful purposes after the man was allegedly caught in the act.

Brookhaven Police Chief Bobby Bell said BPD received a call at 6:42 a.m. Saturday that alleged a man identified as Benjamin D. Nelson, 23, had intercourse with a child, age 16.

Nelson, of 635 Industrial Park Road Lot No. 39, was arrested later that day.

“Normally we would gather evidence and take the child to the Children’s Advocacy Center before an arrest, but this witness observed this … deed so he was arrested on the spot,” Bell said.

Nelson was a guest in the victim’s home at the time of the alleged incident. Traditional procedure including counseling has been set up through the BPD.

Bell said charges may be increased or decreased after input from the district attorney and more investigation. The alleged incident as described falls under statutory rape, as described in state law.

Nelson on Monday was still in Lincoln County Jail. His court date has not been set, and if he bonds out on the city charge, Nelson is on hold for the Mississippi Department of Corrections.

Nelson pleaded guilty in 2013 to felony burglary and conspiracy and criminal felony possession of marijuana.