Floyd Benningfield - Convicted Child Molester gets only 4 MONTHS

Is he too OLD to go to prison? Perhaps his victim was too YOUNG to be abused.

An 83-year-old man convicted of sexually assaulting a young girl will be jailed for the next four months.

Floyd Benningfield was sentenced Friday morning.

During his trial, his own family testified against him. From the start, the family has said, the law does not recognize age and a judge agreed.

"That's what I have to do? I'll never make it," Benningfield said when his sentence was explained to him.

Benningfield was convicted of two counts of sexual molestation of a minor after an incident two years ago.

Benningfield lived across the street from his victim. Since his conviction, he'd been awaiting his sentence at home, hoping for shock probation.

That hope was dashed when a judged sentenced him to four months in jail. Benningfield will also be on the sex offender registry for the rest of his life. He’ll serve five years of probation, as well as mandatory HIV and DNA testing. He's forbidden to have any contact with anyone under the age of 18 and because he's not allowed to be near his victim, he'll be forced from his home.

"To get four months is good. It will at least let him know he has to be held accountable for the crimes he's caused," said granddaughter Amy Benningfield. She testified him during his trial.

"When this occurs in your own family, by your own grandfather, someone you love and trust, it's even more devastating," said Amy Benningfield.

The jury that convicted Floyd Benningfield suggested a four-year sentence. Although four months is significantly less, his granddaughter calls it a legal victory.

"I'd like to ask all judges to take stricter consideration of prosecuting sex crimes, with less probation time," Amy Benningfield said.

Once he's released from jail, Floyd Benningfield will be forced to pay a number of fines and will have to undergo a mental evaluation.

Amy Benningfield and other family members testified against their grandfather in the case involving the young victim. She said their own testimony of sexual abuse was hard to give, but necessary.

"He's been a known child abuser since 50 on, probably before that," she said. "I'm so afraid he's going to torture and sexually abuse other little girls, because he can't stop."