The attorney for a former Kansas Bureau of Investigation deputy director charged with sexual exploitation of a child says no child was ever in danger.

Thomas Haney told The Associated Press on Friday that his client, 57-year-old Kyle Smith, isn’t accused of approaching, touching or having any communication with a child. Haney says the charge involves claims that Smith looked at an image.

Smith was charged Thursday with one count of looking at a sexually explicit image of a child. He also faces two counts of interference with law enforcement, alleging he tried to destroy evidence on a telephone and on a computer.

Haney says Smith’s first court appearance will likely be scheduled in April when the case appears on a criminal assignment docket. Smith is free on bond.