Sex crimes suspect waives 180-day right

| Tuesday, July 25, 2006

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RAPID CITY -- A Rapid City man charged with 10 counts of sex crimes against children waived his right to have a trial within 180 days to allow his attorney more time to interview witnesses.

Kasey Onken, 34, was indicted in June by a Pennington County grand jury on five counts of criminal pedophilia.

He waived his 180 days right Monday before 7th Circuit Judge Jack Delaney.

He is accused of having sex with a young girl between Aug. 1, 2004, and Nov. 30, 2004.

Criminal pedophilia is defined as sexual penetration with a child younger than 13 if the perpetrator is older than 26.

For each of the five counts of criminal pedophilia, Onken is also charged with an alternate count of having sexual contact with someone younger than 16 and being at least three years older.

An alternate count means he cannot be convicted of both crimes.

Criminal pedophilia is a class 1 felony, and Onken faces a maximum possible sentence of life in prison and a $25,000 fine upon conviction.

Sexual contact with someone younger than 16 is a class 3 felony. Onken faces a maximum sentence of 15 years in prison and a $15,000 fine upon conviction.

He pleaded not guilty in June to all charges.

If convicted, Onken could also be convicted of being a habitual offender because he has a previous felony conviction for a third offense of driving under the influence. If so, he would face a mandatory life sentence on each count of criminal pedophilia and a maximum possible sentence of 25 years in prison and a $25,000 fine on each count of sexual contact with someone younger than 16.

Onken remains free on a $50,000 cash or surety bond. His next hearing is Sept. 25.