Fugitive moviemaker Roman Polanski has agreed to return to the U.S. to face 39-year-old sex charges if the judge overseeing his case promises not to send him to jail.

The director has been milling around Europe since 1978, when he was charged with having sex with a 13-year-old girl at a Hollywood party.

Polanski claims he left the U.S. and went into exile because the judge reneged on a deal to hand him 50 days behind bars and instead threatened him with a 50-year sentence.

He has been a fugitive of justice ever since, but now his lawyer, Harland Braun, insists his client is willing to return and face sentencing - as long as it doesn’t include jail, according to TMZ.

Braun claims The Pianist filmmaker has served 400 days in jail in the U.S. and under house arrest in Switzerland in connection to his crime - and that’s more than enough for the sex assault he committed almost four decades ago.