PAULDING COUNTY, Ga. -- A Georgia man accused of molesting a teenage baby sitter said he was walking in his sleep when the incident allegedly happened.

Scott Axleburg is on trial in the Paulding County Courthouse for aggravated sexual battery. His lawyer, Guy Davis, said a person doesn't have intent to commit a crime if he is asleep. He also added that a person cannot be guilty if they don't know what they are doing.

"When I woke up, Scott Axelburg had his hands down my pants," said the baby sitter.

The girl, who was 16 years old at the time of the alleged molestation, described a night three years ago when she was baby-sitting overnight at Axelburg's home. She was there so that the man and his family could get an early start to his son's baseball tournament. She would be there with his toddlers.

As she slept on the couch, she said Axelburg woke her up with his hand in her pants. She said that she jumped.

"He got up off his knees and he buttoned both buttons on his shorts and zipped up his pants and walked into his bedroom," said the girl.

When a detective questioned Axelburg on videotape, he denied anything happened at first.

"I didn't do that. I didn't do anything," said Axelburg.

He also said he had sleepwalked on occasion. His attorney talked about a time at a motel where Axelburg supposedly sleepwalked.

"Next thing you know, he's out in the parking lot in his underwear," said Davis.

Eventually, Axelburg said he woke up and found himself touching the girl.

A doctor who specializes in sleep disorders said sleepwalking is a parasomnia, as are sleep-talking and sleep-eating. The defense claimed you cannot be guilty of committing a crime while asleep.

"A crime in this state requires two things -- an act and intention," said Davis.