A registered sex offender/foot fetishist who this month tricked a teenager into allowing him to suck her toe inside a Walmart in Georgia will not be charged in connection with the icky encounter

According to sources at Smoking Gun, investigators with the Columbia County Sheriff’s Office have concluded that a possible battery case against Joey Leaphart, 43, was “unfounded,” according to Captain Steve Morris.He  escaped arrest because he “made physical content” with the “consent” of victim Jessica Finley, added Morris.

After reviewing the incident, prosecutors decided “they did not want to prosecute for the sucking,” according to a case summary prepared by sheriff’s investigators.

Finley, 18, was shopping July 10 when Leaphart approached her claiming to be a representative of the “America’s Funniest Home Videos” TV show. Finley told deputies that Leaphart offered to pay for her purchases (up to $100) if she agreed to cooperate with a “prank.”

Finley, who reluctantly agreed to let him photograph her foot, recalled him saying, “I know this is crazy, but can I kiss your foot?” The unemployed teen agreed, believing this was part of the television show “prank.”

After guiding Finley behind a clothing rack, Leaphart dropped to the floor and took hold of the teen’s ankle. “Don’t worry, I don’t bite,” he assured her. Leaphart then put Finley’s big toe in his mouth and began sucking on it. Relenting in the face of Finley’s screams, Leaphart stood up and said, “Oh, it tasted so good though,” before running from the Walmart in Grovetown.

Leaphart is a convicted felon who pleaded guilty in December 2000 to licking the toes of an 11-year-old girl (a crime that landed him on the South Carolina sex offender registry). In February, Leaphart was busted after approaching a female shopper at a Walmart in South Carolina and asking if he could kiss and smell her feet.