Florida Approves Death Penalty for Child Sexual Abusers

On Wednesday, Florida lawmakers passed a bill supported by Governor Ron DeSantis, which will allow for the death penalty to be imposed on individuals convicted of sexually abusing children.

HB 1297, otherwise known as the Capital Sexual Battery law, provides the death penalty for certain child sexual offenders. Separate death penalty proceedings are required, with a jury making findings and recommendations on whether the defendant should be sentenced to life imprisonment without parole or to death.

The bill from the Florida Legislature amends the law regarding sexual battery committed against children under the age of 12. The amendment provides for the possibility of imposing the death penalty on certain offenders and establishes procedures for determining whether a sentence of life imprisonment or death is appropriate. The bill also specifies aggravating factors and mitigating circumstances, provides for victim impact evidence, and allows for resentencing if the provisions are found to be unconstitutional.

JUST IN: Florida lawmakers pass bill allowing the death penalty for adults who sexually abuse children.

“My view is, you have some of these people that will be serial rapists of six, seven-year-old kids,” DeSantis said. “I think the death penalty is the only appropriate…

— Collin Rugg (@CollinRugg) April 19, 2023

According to the bill, if the jury unanimously finds at least two aggravating factors, they can recommend a sentence of life imprisonment without the possibility of parole or death. If at least eight jurors recommend death, the court may impose a sentence of death after considering all aggravating factors and mitigating circumstances. The court may only consider an aggravating factor that was unanimously found by the jury, and may only impose a sentence of death if the jury unanimously found at least two aggravating factors beyond a reasonable doubt.

“My view is, you have some of these people that will be serial rapists of six, seven-year-old kids,” DeSantis said to “Good Morning Orlando” on Monday. “I think the death penalty is the only appropriate punishment when you have situations like that.”

Florida is not the only state that allows for the death penalty for certain types of sexual offenses. For example, Georgia, Louisiana, Oklahoma, South Carolina, and Texas also have capital punishment statutes for certain sexual offenses, such as rape or aggravated rape of a child. However, the use of the death penalty is increasingly rare in the United States.