ST. JOSEPH — An Elkhart man convicted of having consensual sex with a minor who lied about her age received a new sentence Monday.

Berrien County Judge Angela Pasula sentenced Zach Anderson, 20, to two years probation under the Holmes Youthful Trainee Act (HYTA), which will allow Anderson’s conviction to be expunged if he successfully completes probation.

“We are very grateful, we just wish it would’ve happened the first time,” said Zach’s father, Les.

Anderson was originally sentenced to 90 days in jail and five years probation without the HYTA status by a different judge in April. That sentence was thrown out after Judge Dennis Wiley ruled that the prosecutor violated the terms of Anderson’s plea agreement.

The case was then given to Judge Pasula for resentencing Monday at the Berrien County Courthouse in St. Joseph.

Les said while his son won’t be required to register as a sex offender in Michigan, the probation department in Indiana might force Zach to register as a sex offender during the two-year probationary term.

Les said they are prepared to fight that point in court, if necessary.

“We aren’t done yet,” he said.

Pasula told Zach that the success of his probation is in his hands now.

“You and you alone have control over your actions, choices and behavior,” she said.

Zach pleaded guilty earlier this spring to one count of criminal sexual conduct in the fourth degree after having consensual sex with a Niles girl who was 14 at the time. Zach was 19 years old at the time of the offense.

The two met on a social media website that requires users to be at least 17 years old.

Zach’s attorney, Scott Grabel, said evidence shows that the girl lied about her age and that Zach believed the girl was at least 17 years of age or older.