Senate committee advances bill to add death penalty for certain child sexual offenses amid constitutional warnings

The Senate Judiciary Committee voted to advance S.B. 284, a proposal to authorize capital punishment for specified aggravated sexual offenses against victims younger than 14 under narrowly defined circumstances.

Sponsor Senator Garner framed the bill as addressing "the truly worst of the worst" crimes against children and said the provision restores what supporters view as appropriate maximum penalties. "Many states have laws on the books that will allow capital [punishment]" in aggravated child sexual-abuse cases, Garner said in his presentation.

Jeff Rosenzweig of the Arkansas Association of Criminal Defense Lawyers strongly opposed the measure, telling the committee that U.S. Supreme Court precedent makes the proposal unconstitutional where no death occurred. "This bill should be rejected," Rosenzweig said, citing Kennedy v. Louisiana and arguing that the Eighth Amendment bars death sentences when the victim did not die. He also warned that the statute, as drafted, could permit capital exposure on cases lacking physical corroboration and could multiply wrongful-conviction risks.

Committee members debated the legal issues and whether narrowing language—such as requiring serious physical injury rather than a mere threat—could address constitutional concerns. Rosenzweig suggested removing the phrase "or threatens to cause" so that a death penalty provision would apply only when serious physical injury occurs; senators discussed whether that would address the central constitutional objection.

After public comment and discussion, the committee recorded a favorable vote to advance the bill. Members acknowledged the measure would face litigation if enacted and said supporters intend to pursue it as a matter of policy and potentially to seek review in higher courts.

The committee action sends the controversial measure forward for further consideration on the Senate floor.