The Alabama House of Representatives has passed legislation that would allow prosecutors to seek the death penalty for adults convicted of first-degree rape or sodomy of a child under the age of 12. The bill, sponsored by State Rep. Matt Simpson (R-Daphne), passed with an 86-5 vote, with nine representatives abstaining. The legislation now moves to the Alabama Senate for further consideration.
Supporters of House Bill 49 (HB 49), argue that it would deter potential offenders and provide justice for victims of horrific crimes.
“I believe that taking the innocence of a child is the worst of the worst crimes. As such, it deserves the worst of the worst punishment,” Simpson told Yellowhammer News. “These offenders are not rehabilitative. I’m happy the bill has advanced through the House, and I look forward to working with Senator Lance Bell as he handles the bill in the Senate.”
HB 49 aims to challenge the current legal precedent established by a 2008 U.S. Supreme Court decision that deemed the death penalty for crimes not involving a death unconstitutional. The ruling determined that imposing the death penalty for child rape violates the Eighth Amendment’s prohibition on cruel and unusual punishment due to its disproportionate nature. Simpson’s bill follows a broader strategy used by other conservative states to push the court to revisit and potentially overturn past decisions. Similar laws have been enacted in Florida and Tennessee, with several other states considering measures to expand capital punishment for child rape.
Lawmakers opposed to the bill raised concerns about its constitutionality, financial implications, and moral ramifications. Some pointed to the 2008 Supreme Court ruling, cautioning that the law could result in costly legal challenges for the state. Others expressed broader opposition to the death penalty, questioning whether it aligns with a commitment to protecting life. Concerns were also raised about the fairness of applying the death penalty in cases involving offenders with mental health issues or substance abuse, with suggestions to explore alternative punishments.
Under existing Alabama law, first-degree rape and sodomy are Class A felonies, punishable by life in prison without parole. HB 49 would introduce the death penalty as an option for these crimes when the victim is younger than 12. The original version of the bill proposed the death penalty for crimes involving victims under six years old, but the House Judiciary Committee broadened the scope to include children under 12.
HB 49 will now be handled by Senator Lance Bell in the upper chamber. If passed, the bill would mark a significant shift in Alabama’s criminal justice policy and potentially set the stage for a renewed Supreme Court challenge on capital punishment for non-homicidal crimes.
Sherri Blevins is a writer for Mountain Valley News and a staff writer for Yellowhammer News. You may contact her at [email protected].
