Florida law allowing death penalty for child rapists takes effect

TALLAHASSEE, Fla. – A law passed during the 2023 Florida Legislative Session went into effect Sunday making it possible for child rapists to receive the death penalty.

Signed by Gov. Ron DeSantis on May 1, HB 1297 allows individuals 18 years of age or older who commit sexual battery on victims 12 years of age or under to receive capital punishment.

“If you commit a crime that is really, really heinous, you should have the ultimate punishment,” DeSantis said previously.

Carried by Sen. Jonathan Martin, R-Fort Myers, and Rep. Jessica Baker, R-Jacksonville, Capital Sexual Battery was passed in the Florida Senate 34-5 and the Florida House 95-14.

Under the law, a person convicted of sexual battery could be sentenced to death under the suggestion of eight out of 12 jurors. Judges, however, are permitted to overrule the decision and instead impose a sentence or life in prison.

If fewer than eight jurors approve capital punishment, then the defendant will automatically receive a life sentence.

In each case, prosecutors are ordered to give 45 days notice from the arraignment date to both the defendant and court if they plan to seek the death penalty. In addition to, prosecutors must submit a list of aggravating factors to prove the state’s case beyond a reasonable doubt.

The mandate is subjected to change if good cause is shown to the court by the prosecution.

Florida’s law could be challenged under Kennedy v. Louisiana, a U.S. Supreme Court ruling that prevents executing rapists.