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House passes bill to make certain child sex offenses eligible for death penalty; debate centers on constitutionality and scope
Summary
House Bill 49, as substituted, passed the House and would permit prosecutors to seek the death penalty for certain sexual crimes against children under 12. Supporters cited the severity of the crimes and a trend of other states; opponents cited Supreme Court precedent and moral concerns.
The Alabama House approved House Bill 49, as substituted, on Feb. 11. The measure would change potential punishments so that if a person commits the offenses described in the bill against a child under the age of 12, the prosecution could pursue capital punishment. The committee substitute advanced the age threshold from under 6 to under 12.
Sponsor Representative Jeremy Simpson said the change reflects the gravity of the crimes and mirrored recent actions in other states. He told the House the committee substitute moved the covered age from 6 to 12 and that the bill tracks capital-murder sentencing schemes already used for homicide.
Opponents raised constitutional and moral objections. Representative Rafferty said he opposes the death penalty on conscience grounds and would vote no for that reason. Representative Jackson questioned whether supporting capital punishment in such cases is consistent with being “pro-life.” Representative Hassell noted United States Supreme Court precedent — Kennedy v. Louisiana (2008) — which held that imposing the death penalty for certain child sexual offenses (in the absence of the victim’s death) was, at that time, an “unusual” punishment and therefore violated the Eighth Amendment; Hassell warned the House that the law as drafted could prompt litigation given that precedent.
Supporters said other states have recently acted on similar laws, and the sponsor argued that Alabama’s action could help reshape the national legal landscape if challenged. During floor action the House adopted the committee substitute and ultimately passed the bill as substituted. Recorded votes on the House floor included adoption of the substitute (98–0) and final passage as substituted (86 ayes, 5 nays, 9 abstentions).
Why it matters: The bill creates a statutory path enabling prosecutors to seek the death penalty for the covered offenses against children under 12. Legal analysts have noted the current Supreme Court precedent on this issue, and lawmakers acknowledged the likelihood of legal challenge.
Next steps: With House passage, the measure will go to the Senate. Sponsors and opponents said they expect constitutional litigation if the measure moves forward.
