Keith Constantin will not be slapped with dangerous offender status — not unless he physically harms someone again.

The convicted sex offender was arrested after intentionally breaking his 11 p.m. curfew on Aug. 1, turning himself in to Hamilton police at 11:15 p.m.

He told The Spectator he did so because his family feared for their safety and the public uproar following an announcement by Hamilton police that he was living in the community became too much.

If tried and convicted for breaching his peace bond, he faces a jail sentence of up to two years, but Hamilton's Crown Attorney's office will not bring forward a dangerous offender application because the law does not permit it. An accused must be convicted of a "serious personal injury offence" in order to meet the threshold where the Crown could go down that road.

Canada's most notorious criminals have been declared dangerous offenders. It means they serve indeterminate prison sentences with no chance of parole for at least seven years.

Constantin, 35, has been convicted of raping two women and sexually assaulting a seven-year old boy. One of the women was 45 and blind, the other was recovering from an epileptic seizure in his parents' home.

Failing to comply with a peace bond — technically the charge is "breach of a recognizance" — will be the matter before the court, not the entirety of his criminal record, which also includes robbery. Constantin voluntarily entered into the peace bond with Hamilton police.

Hamilton Assistant Crown attorney Karen Shea, the office's specialist in high risk offenders, said they work within the confines of existing legislation.

"The Criminal Code is clear in terms of the offences for which we can embark on a dangerous offender application."

She added that breaching a peace bond is a serious offence and that if Constantin is tried and convicted, probation conditions could be tacked-on to his sentence.

Constantin has been diagnosed in the past with depression and paranoid schizophrenia, and has been found to have an "extremely low range of intellectual ability."

Constantin had a brush with dangerous offender status in 2009 when he faced a charge of sexually assaulting a Hamilton woman with a knife.

The trial was called off when the key witness ended up in hospital on suicide watch because of stress leading up to the trial.

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Instead, Constantin accepted a plea deal with the Crown that saw him sentenced to five years in prison. The Spectator reported that the Crown would have sought dangerous offender status for him had he been found guilty at trial.

On Monday, Constantin appeared briefly via video link in Hamilton court. A date for his trial on the breach of peace bond charge has not yet been set.