Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Capital Punishment Child Sex topic
No spam. Unsubscribe anytime.
Committee advances bill to allow capital punishment for sexual abuse of children 13 and younger; AG and defense counsel flag constitutional conflict
Summary
Senate Bill 375 would permit capital punishment for sexual abuse of children 13 or younger. The Attorney General's office told the committee the measure conflicts with current U.S. Supreme Court precedent; the committee nevertheless voted to pass the bill.
Senate Bill 375, presented by Senator Matt Stone, seeks to expand capital punishment to certain sexual-abuse offenses against children aged 13 and younger. The Judiciary Committee debated the measure at length on May 20 and approved it by voice vote after hearing concerns about constitutional viability and prosecutorial capacity.
Why it matters: If enacted, the bill would broaden the category of offenses eligible for the death penalty — a move the Attorney General’s office said is inconsistent with current U.S. Supreme Court precedent (Kennedy v. Louisiana). Proponents said the measure targets the most heinous crimes against the most vulnerable victims and would give prosecutors another sentencing option.
Committee testimony: Dylan Jacobs from the Attorney General’s Office told members the current U.S. Supreme Court precedent (Kennedy v. Louisiana, 2008) bars death for non-homicide crimes and that the bill would require a change in that federal precedent for its capital provisions to be upheld. Jeff Rosenzweig, defending attorneys and public advocates warned of increased potential for coerced or mistaken allegations being leveraged when death is a possible outcome, and he predicted heavy litigation and resource demands for appointed counsel. Prosecutors present described the careful screening that typically occurs in capital cases and said most prosecutors reserve the death penalty for the worst offenses.
Sponsor remarks and rationale: Senator Stone said the bill responds to child sexual abuse he described as a societal scourge and cited national figures about child sexual abuse prevalence. He said the measure was meant to protect children and provide severe consequences for predators.
Committee action: Committee members approved SB 375 on a voice vote. The Attorney General’s office and defense bar cautioned that the measure is likely to face immediate constitutional challenges if enacted.
Ending: SB 375 will move to the next legislative stage; debate and litigation risk over federal precedent and evidentiary challenges are likely to follow.
