Keith Staskiewicz
July 21, 2012 AT 03:55 PM EDT

The Los Angeles prosecutor announced Friday that comedic actor Fred Willard—who was arrested Wednesday night on suspicion of a lewd public act in an adult theater—will not face jail time. It was also revealed that Willard had been arrested previously on a lewd conduct charge in 1990, The Los Angeles Times reports, although no details of the earlier arrest were released. Instead of facing a criminal filing, the Best in Show actor will be able to enroll in a “pre-filing diversion program.”

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