New Florida Law Authorizes Death Penalty for Sexual Battery of Children Under 12

Disclaimer: This story contains details about a law authorizing the death penalty for sexual crimes against children that some readers may find disturbing.

Florida’s governor signed legislation this spring making sexual battery of any child under age 12 a capital offense, effective October 1, 2023. Under the new statute, adult offenders convicted of raping a minor under 12 could face either life imprisonment or the death penalty during the sentencing phase. The measure applies only after a unanimous jury verdict on guilt.

Judges retain discretion to impose the death penalty only if at least eight of twelve jurors recommend it; otherwise, life sentences are mandatory. Juries must first unanimously convict defendants of sexual battery before considering capital punishment. These procedural safeguards mirror changes earlier this year that lowered the juror threshold for death sentences from twelve to eight votes.

The bill passed the Florida Senate by a vote of 34–5 and cleared the House 95–14, reflecting broad bipartisan support. Sponsors hailed it as a necessary step to protect children from “the worst of the worst” predators, while dissenters warned of potential constitutional conflicts and long-term legal battles.

Critics point out that the U.S. Supreme Court’s 2008 decision in Kennedy v. Louisiana explicitly barred death sentences for child rapists when the victim did not die. Florida officials, including the governor, have stated they are prepared to defend the law up to the U.S. Supreme Court, challenging those precedents as outdated and “unjustly shielding” offenders from the ultimate punishment.

Civil-rights groups and defense lawyers have already signaled intentions to file constitutional challenges, arguing that the death penalty for non-homicide crimes violates the Eighth Amendment’s prohibition on cruel and unusual punishment. Observers expect protracted litigation that could redefine capital punishment boundaries nationwide.

This marks the first time Florida has expanded capital punishment beyond murder convictions. Prosecutors in at least one Central Florida case have announced plans to seek the death penalty under the new law, setting the stage for a landmark court showdown over whether rapists of minors can constitutionally face execution.