Bismarck man pleads guilty to child sexual abuse charges; faces potential life sentence

A Bismarck man in his mid-80s pleaded guilty on Thursday to charges in a child sexual abuse case that could send him to prison for the rest of his life.

Gary Kline entered pleas to two counts of continuous sexual abuse of a child. Kline's pleas were entered in "open" fashion, meaning there was no agreement with prosecutors regarding a sentencing recommendation. A judge will have the discretion to sentence Kline anywhere between a mandatory minimum of registration as a sex offender to the maximum of life in prison without the possibility of parole.

During Thursday's hearing, South Central District Judge Daniel Borgen asked Kline if he understood that by changing his pleas to guilty, he could potentially spend the rest of his life behind bars.

"Any sentence in that range is a legal sentence, you understand that?" Borgen asked.

"I understand, yes, your honor," Kline replied.

Kline was 85 when he was arrested last year after an investigation into allegations he abused two girls during a period between 2019 and March 2023, according to an affidavit.

While outlining a factual basis for the charges and Kline's pleas, Burleigh County State's Attorney Julie Lawyer said the girls spent time with Kline in an arrangement set up by their mother, who Lawyer said knew Kline through church. Lawyer said the girls told their mother Kline had molested them while they were in his care.

The oldest girl later told a forensic investigator that Kline had molested her and her sister numerous times, according to Lawyer.

Lawyer also spoke about details the eldest daughter indicated regarding the sexual assaults that took place, also adding that the youngest girl gave the forensic examiner similar accounts.

"Mr. Kline, is that what had been happening?" Borgen asked.

Kline replied, "Yes, your honor."

Borgen accepted Kline's pleas, finding they were made voluntarily. The judge then said a sentencing hearing would be set at a later date.

Both defense attorney Chad McCabe and Lawyer told Borgen they were ready to proceed to sentencing, but a separate hearing will have to be scheduled because the court's calendar on Thursday didn't allow enough time for witnesses to testify on Kline's behalf prior to sentencing.

McCabe said he had brought forensic psychologist Stacey Benson in from Fargo and that Kline's son Mark, a physician, had flown in from Iowa to speak for his father. Benson examined Kline during an evaluation that was ordered after a mental health competency examination at the State Hospital in Jamestown determined Kline was mentally fit to proceed to a trial.

Borgen said rather than have witnesses make a return trip, he would allow remote testimony via reliable electronic means. Lawyer asked if that privilege would be extended to the victim's mother since "she's uncomfortable appearing in court with the defendant."

Borgen said the only people required to appear in person are the attorneys and Kline, who is free on a $50,000 cash bond.

That sentencing hearing could take place as soon as the week beginning Monday, Nov. 18.

Reach Brad Nygaard at 701-250-8260 or

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