(Portland, OR) -- A man is facing just five years' probation with credit for time served after sexually abusing a three-year-old girl. A judge sentenced John Gilbreath Monday on one count of first-degree unlawful sexual penetration for the abuse at Partridge House daycare in Beaverton, where he worked. Prosecutors say Gilbreath was facing a 25-year prison sentence for the crime under Oregon's "Jessica's Law." However, the court determined that there wasn't enough evidence the prove Gilbreath's actions were committed with a sexual intent.