Alabama House Advances Child Predator Death Penalty Act

The Alabama House of Representatives has approved the Child Predator Death Penalty Act, a bill that would make certain violent sex crimes against children eligible for the death penalty. The measure now moves to the Alabama Senate for further consideration, the office of Speaker Nathaniel Ledbetter said in a statement.

Introduced by Representative Matt Simpson (R-Daphne), House Bill 41 (HB41) would amend State criminal code to classify first-degree rape, first-degree sodomy and acts of sexual torture against children under age 12 as capital offenses. Currently, Alabama’s death penalty applies only in cases involving homicide.

“Anyone who violates the innocence of a child represents the very worst of humanity and has no place in this world,” said House Speaker Nathaniel Ledbetter (R-Rainsville) after the vote. “When we talk about crimes like rape, sodomy, or sexual torture of a child, we are talking about the worst of all possible crimes, and I fully believe those who commit them are more than deserving of the worst possible punishment.”

Simpson, a former prosecutor, told lawmakers that harsher penalties are necessary to hold offenders fully accountable and protect communities. “Those who commit these crimes are monsters, and I firmly believe society is safer when they are held fully accountable. There is no question this legislation will face legal challenges, but I believe that standing up to protect Alabama’s children is always a fight worth fighting,” he said.

Supporters argue the bill responds to particularly cruel crimes and reflects public outrage over child abuse cases. Some lawmakers and advocates want the State to join others that have passed similar laws in hopes of challenging federal court precedents.

The House vote drew limited opposition, with most Democrats abstaining or voting against the measure. Critics have raised concerns about constitutional issues and the impact on victims and prosecutions, noting that the U.S. Supreme Court has ruled that death sentences for non-homicide offenses violate the Eighth Amendment.

HB41 and its companion, SB17 (sponsored by Sen. April Weaver, R-Brierfield) are part of a recent surge in support for similar measures across States such as Florida, Tennessee, Idaho, Oklahoma, and Mississippi. These States have enacted laws permitting the death penalty for certain child sexual offenses, challenging the U.S. Supreme Court's 2008 decision in Kennedy v. Louisiana. That case deemed the execution of child rapists to be unconstitutional, but proponents of the Alabama bills hope to provoke a reevaluation of that ruling.

SB17 is, as of this writing, awaiting action in the Senate Judiciary Committee, per ALISON.