Florida has officially enacted a controversial new law permitting the death penalty for adults convicted of sexually assaulting children under the age of 12. The law, known as House Bill 1297 (HB 1297), was signed by Governor Ron DeSantis in May 2023 and came into effect on October 1, 2023.
Under the law, prosecutors can now pursue capital punishment in cases of child sexual battery. If at least eight members of a 12-person jury recommend the death sentence, a judge may impose it. If fewer than eight jurors agree, the offender will automatically receive life imprisonment.
The legislation challenges a 2008 U.S. Supreme Court ruling (Kennedy v. Louisiana) that prohibits the death penalty for crimes that do not involve homicide. Florida's move is seen as a direct effort to provoke a reconsideration of that precedent, with DeSantis expressing hope that the current conservative-leaning Supreme Court may be willing to revisit the matter.
“This is a crime that is so heinous, so vile, that it defies comprehension,” DeSantis said during the bill signing. “We believe that the only appropriate punishment is the ultimate punishment.”
Legal experts anticipate that HB 1297 will face significant constitutional challenges before any death sentences can be carried out. Until the Supreme Court addresses the issue, the law remains in a legally uncertain state, despite being actively on the books.
Florida becomes the first state in recent history to enact such a law, potentially setting the stage for a national legal showdown over the limits of capital punishment.
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