Florida Passes Law Allowing Death Penalty in Certain Child S3xual Abuse Cases
Florida Passes Law Allowing Death Penalty in Certain Child S3xual Abuse Cases
Florida Passes Law Allowing Death Penalty in Certain Child S3xual Abuse Cases
Florida has enacted new legislation classifying some sexual crimes against children under the age of 12 as capital felonies, opening the door for prosecutors to seek the death penalty in the most severe cases.
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Under the law, an adult who commits sexual battery against a child under 12 and causes serious physical injury may now face capital charges. While the classification places such offenses alongside crimes like first-degree murder, the death penalty is not automatic. Prosecutors must first decide to pursue it, and any sentence would still require approval through a full judicial process, including trial and sentencing hearings.
State lawmakers say the measure is intended to impose the harshest possible punishment for what they describe as the most extreme crimes against children, while also serving as a strong deterrent. The legislation also expands eligibility for capital punishment in certain cases of child sex trafficking involving victims under 12.
The law, however, raises significant constitutional questions. In 2008, the U.S. Supreme Court ruled in Kennedy v. Louisiana that the death penalty for non-homicide sexual offenses, including those involving children, violates the Eighth Amendment’s ban on cruel and unusual punishment. Florida’s new statute directly challenges that precedent.
Supporters of the legislation argue that the Supreme Court should revisit its earlier decision, citing the severity of the crimes covered by the law. Critics, including legal scholars and civil rights advocates, contend that the statute is unconstitutional and unlikely to withstand federal court review.
Legal experts expect the law to face immediate challenges, potentially setting the stage for a renewed national debate over capital punishment and constitutional limits in cases involving crimes against children.
Florida Passes Law Allowing Death Penalty in Certain Child S3xual Abuse Cases
