The Montana Supreme Court has rejected a 72-year-old Missoula man's request to be classified as a low-risk sex offender after he pleaded guilty to sexually abusing a toddler under his supervision.

The high court rejected Albert Gaub's appeal Tuesday. Defense attorney Eric Bunn argued his client's classification as a Level 2 sex offender was a "substantial injustice" because an evaluation recommended the lower-risk classification. He also noted that Gaub had no prior convictions.

Gaub pleaded guilty to felony sexual assault and was sentenced in January to 15 years in prison. Authorities say he had sexual contact with the girl numerous times between October 2008, when the girl was about 2, and April 2010.

He and his wife ran the Cuddles and More child care business out of their home.

Associated Press