Republican lawmakers want death penalty for child sex crimes in Wisconsin

Executions would be reserved for those convicted of certain sexual assaults against children under 13

A pair of Republican state lawmakers wants to bring the death penalty back to Wisconsin for the first time in more than 170 years. It would be reserved for those convicted of certain sexual assaults against children under 13 years old.

The bill being introduced by state Sen. Chris Kapenga, R-Delafield, and state Rep. Elija Behnke, R-Town of Chase, would give prosecutors and judges the option of seeking the death penalty for people convicted of having sexual contact or intercourse with a person under 13 years old and causing great bodily harm. It would also be an option for all people convicted of having sex with a child under the age of 12.

The legislation would also create a process for a jury to determine whether the person convicted of the crimes should be put to death. Any appeals would go directly to the Wisconsin Supreme Court. The state Department of Corrections would be required to select an executioner, 12 witnesses and the method the state would use to kill those on death row.

Wisconsin lawmakers abolished the death penalty in 1853.

Kapenga wasn’t available for an interview about his bill. In an online newsletter to constituents, he referenced a similar law recently enacted in Alabama and said the goal is deterrence, which “will save innocent lives.”

“Remember, the goal of the law is not only to punish those who break it, but more importantly, to put in place consequences that help prohibit the law from being broken in the first place. Jail time doesn’t scare these people, but the death penalty will,” said Kapenga.

According to the Wisconsin Historical Society, Wisconsin lawmakers abolished the death penalty in 1853 after just one public hanging in Kenosha around two years before.

A witness to the execution who ran a local newspaper was elected to what is now the state Assembly in 1853 and the “Death Penalty Repeal Act” was signed into law later that year.

The bill from Kapenga and Behnke is circulating among lawmakers for potential cosponsors, but it’s unlikely to get much traction anytime soon with the legislative session winding to a close. The state Assembly held its final scheduled session day of 2026 last week.

Source: WPR, Rich Kremer, February 24, 2026

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

— Oscar Wilde

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