Skip to main content

Florida law allowing death penalty in child rapes to take effect

The new law will likely draw legal challenges, as U.S. Supreme Court and Florida Supreme Court precedents have barred death sentences for rapists.

TALLAHASSEE — A new law that could lead to imposing the death penalty on people who rape children under age 12 will take effect Sunday, along with other laws passed during the 2023 legislative session.

Other measures taking effect could lead to putting local governments on the hook for attorney fees when ordinances are deemed “arbitrary or unreasonable;” increase penalties on fans who interfere with sporting events; and require teens to at least have learner’s permits to drive golf carts on public roads.

The laws passed during the legislative session that ended May 5. Most legislation, including a record $117 billion state budget, went into effect on July 1, the start of the fiscal year.

The most controversial of the laws taking effect Sunday would allow the death penalty for people who commit sexual batteries on children under age 12. The measure (HB 1297) likely will draw legal challenges, as U.S. Supreme Court and Florida Supreme Court precedents have barred death sentences for rapists.

During a May 1 bill-signing event in Brevard County, Gov. Ron DeSantis said the measure is “for the protection of children.”

“Unfortunately, in our society, we have very heinous sex crimes that are committed against children under the age of 12 years old,” DeSantis said. “These are really the worst of the worst. The perpetrators of these crimes are often serial offenders.”

Judges would have the discretion to impose the death penalty or sentence defendants to life in prison. If fewer than eight jurors recommend death, judges would have to impose life sentences.

The bill would affect what is known as the sentencing phase of cases. Juries would still need to unanimously find defendants guilty of the crimes before the sentencing phase would begin.

The measure was approved 34-5 in the Senate and 95-14 in the House.

In voting against the measure in April, Sen. Rosalind Osgood, D-Fort Lauderdale, said the bill presented her with a “quandary.”

“I love kids, and I’ll do anything to protect them,” Osgood said. “But I struggle from a faith perspective. If I believe in my faith that God can redeem and save anybody, then how do I support someone getting the death penalty? And I’m just talking about me. That’s my struggle. That’s my challenge.”

Other laws that will take effect Sunday include:
  • SB 170, which could boost legal challenges to local ordinances. In part, the law requires local governments to suspend enforcement of ordinances while lawsuits play out and makes plaintiffs eligible for up to $50,000 in attorney fees if a court finds ordinances are “arbitrary or unreasonable.”
  • HB 319, which sets a maximum fine of $2,500 for interfering with participants in athletic or artistic events or going onto fields or stages without authorization. Also, in the age of social media, the law prohibits people from making money off such exploits.
  • HB 431, which makes it a third-degree felony for a person age 24 and older to solicit a 16- or 17-year-old in writing to commit a lewd or lascivious act.
  • HB 949, which requires a learner’s permit or driver’s license for anyone under age 18 to operate a golf cart on a public road. Currently, golf-cart operators must be at least 14 years old when on public roads designated for golf-cart use, but driver’s licenses are not required.
  • HB 1359, which increases penalties for fentanyl dealers and manufacturers. That includes imposing mandatory minimum 25-year sentences and $1 million fines for adults selling at least four grams of fentanyl to minors through such things as products that resemble candy.
  • HB 1465, which includes boosting potential sentences for people who possess or discharge guns while involved in human trafficking. Such people will be subject to the state’s “10-20-Life” mandatory-minimum sentencing law.
  • HB 1367, which expands a litter law to prohibit dumping litter at water-control district properties or canal rights-of-ways unless given approval.
Source: Florida News Service, Staff, September 27, 2023

_____________________________________________________________________

Home  |  Twitter/X  |  Facebook  |  Telegram  | Contact us






"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."

— Oscar Wilde

Most viewed (Last 7 days)

China executes 11 members of gang who ran billion-dollar criminal empire in Myanmar

China has executed 11 members of the notorious Ming family criminal gang, who ran mafia-like scam centers in Myanmar and killed workers who tried to escape, Chinese state media reported on Thursday.  The Ming family was one of the so-called 4 families of northern Myanmar — crime syndicates accused of running hundreds of compounds dealing in internet fraud, prostitution and drug production, and whose members held prominent positions in the local government and militia aligned with Myanmar’s ruling junta. 

Florida | Man convicted of leaving girl to be eaten by gators avoids death penalty

After about 4 hours of deliberations, jurors on Friday recommended Harrel Braddy should be sentenced to life in prison for the 1998 killing of 5-year-old Quantisha Maycock.  A South Florida man who dropped off a 5-year-old child in the Everglades to be eaten alive by gators nearly 3 decades ago was given a second chance at life as jurors recommended he should spend the rest of his life behind bars instead of being sent to death row. After about four hours of deliberations, jurors on Friday recommended Harrel Braddy should be sentenced to life in prison for the 1998 killing of 5-year-old Quantisha Maycock. 

Federal Judge Rules Out Death Penalty for Luigi Mangione in UnitedHealth CEO Killing

NEW YORK — A federal judge has dismissed two charges against Luigi Mangione, the man accused of assassinating UnitedHealthcare CEO Brian Thompson, effectively removing the possibility of the death penalty in the high-profile case.  U.S. District Judge Margaret Garnett ruled Friday that the murder charge through use of a firearm — the only count that could have carried a capital sentence — was legally incompatible with the remaining interstate stalking charges against Mangione.

Georgia parole board suspends scheduled execution of Cobb County death row prisoner

The execution of a Georgia man scheduled for Wednesday has been suspended as the State Board of Pardons and Paroles considers a clemency application.  Stacey Humphreys, 52, would have been the state's first execution in 2025. As of December 16, 2025, Georgia has carried out zero executions in 2025. The state last executed an inmate in January 2020, followed by a pause due to COVID-19. Executions resumed in 2024, but none have occurred this year until now. Humphreys had been sentenced to death for the 2003 killings of 33-year-old Cyndi Williams and 21-year-old Lori Brown, who were fatally shot at the real estate office where they worked.

California | Convicted killer Scott Peterson keeps swinging in court — but expert says he’s not going anywhere but his cell

More than two decades after Laci Peterson vanished from her Modesto, California, home, the murder case that captivated the nation continues to draw legal challenges, public debate and renewed attention. As the year comes to a close, Scott Peterson, convicted in 2004 of murdering his pregnant wife and their unborn son Conner, remains behind bars, serving life without the possibility of parole. His wife disappeared on Christmas Eve in 2002, and a few months later, the remains of Laci and Conner were found in the San Francisco Bay.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

Death toll in Iran protests could exceed 30,000

In an exclusive report, the American magazine TIME cited two senior officials from the Iranian Ministry of Health, who stated that the scale of the crackdown against protesters on January 18 and 19 was so widespread that 18-wheeler trailers replaced ambulances. In its report, based on testimony from these two high-ranking officials, TIME revealed statistics that differ vastly from the official narrative of the Islamic Republic.

The US reporter who has witnessed 14 executions: ‘People need to know what it looks like’

South Carolina-based journalist Jeffrey Collins observed back-to-back executions in 2025 after the state revived the death penalty following a 13-year pause Jeffrey Collins has watched 14 men draw their final breaths. Over 25 years at the Associated Press, the South Carolina-based journalist has repeatedly served as an observer inside the state’s execution chamber, watching from feet away as prison officials kill men who were sentenced to capital punishment. South Carolina has recently kept him unusually busy, with seven back-to-back executions in 14 months.

Florida's second execution of 2026 scheduled for February

Florida’s second execution of 2026, a man convicted of killing a grocery story owner, will take place in February. Gov. Ron DeSantis signed the death warrant Jan. 23 for Melvin Trotter, 65, to die by lethal injection Feb. 24.  Florida's first execution will take place just a few weeks earlier when Ronald Palmer Heath is set to die Feb. 10. Trotter was convicted of first-degree murder and sentenced to death in 1987 for strangling and stabbing Virgie Langford a year earlier in Palmetto. 

China executes another four members of powerful Myanmar-based crime family

China has executed another four members of a powerful Myanmar-based crime family that oversaw 41 pig butchering scam* compounds across Southeast Asia.   The executed individuals were members of the Bai family, a particularly powerful gang that ruled the Laukkai district and helped transform it into a hub for casinos, trafficking, scam compounds, and prostitution.  China’s Supreme People’s Court approved the executions after 21 members were charged with homicide, kidnapping, extortion, operating a fraudulent casino, organizing illegal border crossings, and forced prostitution. The court said the Bai family made over $4 billion across its enterprise and killed six Chinese citizens.