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Senate advances bill creating capital offense for trafficking children under 12
Summary
Senate Criminal Justice Committee Chair Joe Martin on Tuesday secured committee approval for SB 1804, a bill that would make trafficking a child under age 12 or a person who is mentally incapacitated for the purpose of sexual exploitation a capital offense.
Senate Criminal Justice Committee Chair Joe Martin on Tuesday secured committee approval for SB 1804, a bill that would make trafficking a child under age 12 or a person who is mentally incapacitated for the purpose of sexual exploitation a capital offense.
The bill, introduced by Chair Martin, would create a separate capital statute that requires specified aggravators and unanimous jury findings before the death penalty could be sought. The measure retains a life-felony sentence for defendants under age 18 and includes a provision allowing the attorney general to appeal sentences the committee said did not follow capital-sentencing procedures.
Supporters said the measure is intended to address the most extreme sexual-exploitation crimes and to send a strong deterrent message. Chair Martin said the offense would be narrowly defined with multiple procedural protections, including two aggravating factors the jury must unanimously find before the state may seek capital punishment.
Opponents and several witnesses questioned the constitutionality and practicality of expanding the death penalty to non-homicide offenses. Joseph Harmon, representing the Florida Conference of Catholic Bishops, and Grace Hannah of Floridians for Alternatives to the Death Penalty urged the committee to oppose the bill, citing U.S. and Florida Supreme Court precedent that bars capital punishment for crimes that do not result in death and warning of litigation and resource costs.
Committee members discussed practical concerns, including whether expanding the death penalty could incentivize perpetrators to kill victims to avoid prosecution, how felony‑murder or existing life‑felony statutes interact with the proposal, and whether life imprisonment already provides substantial punishment.
By roll call the committee reported SB 1804 favorably. Committee members who opposed the measure recorded votes in the transcript; Vice Chair Smith voted no. Chair Martin said he would work with colleagues on constitutional and procedural issues before floor consideration.
The bill now moves to subsequent committee stops in the Senate.
