New Florida bill would allow death penalty for child rapists

JACKSONVILLE, Fla. — A new bill filed in the State Capitol would allow for juries to recommend the death penalty for those convicted of sexual battery on children under the age of 12.

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State Representative Jessica Baker (R-Jacksonville) is sponsoring the legislation.

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“So, we’re definitely looking at crimes that are very brutal, that are heinous,” Baker said.

The bill aims to challenge court precedent set back in 2008 when the US Supreme Court ruled on a Louisiana law nearly identical to the new Florida bill.

Baker argues the US Supreme Court got it wrong back in 2008, when it barred states from imposing the death penalty for essentially any crime other than murder.

“It’s an infringement on the state’s power to decide what kind of punishment for the most heinous crimes in Florida,” Baker said.

Watch: Florida death penalty vote debate

The bill is one of many dealing with the death penalty filed for the 2023 session.

Lawmakers are also looking to lower the unanimous jury threshold death penalty recommendations to just eight of 12 in favor.

An amendment to that bill filed Friday would also prohibit judges from deciding to impose a lower sentence in a jury recommends death.

“Most of us are happy with where it is today,” Action News Jax Law and Safety Expert Dale Carson said.

Carson argued the changes lawmakers are proposing would reimpose a system that led to Florida receiving the undesirable designation as the state with the most death row exonerations.

“Once you make a mistake by killing someone with the permission of the state, you can’t bring them back if there was a mistake made,” Carson said.

Related Story: Gov. DeSantis backs death penalty for child rapists

But Baker argued the states should be allowed to decide which crimes deserve the ultimate punishment.

“The Governor put out a call to go after these monsters and that’s what I’m standing up for. I’m standing up for the children,” Baker said.

The US Supreme Court had a liberal majority back when the 2008 case was decided.

It’s unclear whether the now-conservative leaning court would revisit the case, but notably three of the justices that dissented in 2008 remain on the bench.