State Rep. Matt Simpson (R-Daphne) believes Alabama needs to be tougher on sexual crimes involving juveniles — and wants to expand use of the death penalty to accomplish that goal. Simpson pre-filed HB49 that would allow for the death penalty for certain persons convicted of raping a child.

According to the bill’s synopsis, “This bill would require that a person 18 years of age or older convicted of rape in the first degree or sodomy in the first degree when the victim is less than six years of age shall be punished to either death or life imprisonment without the possibility of parole and if the offending person is less than 18 years of age sentenced to life imprisonment without parole or life.”

Only 25 people have been executed for rape convictions in Alabama’s history, the last being in December 1959.

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“I think the death penalty is not used enough,” Simpson said in a statement to Yellowhammer News. “I don’t think anyone who commits offenses on a child this young can be rehabilitated.”

Florida and Tennessee have recently passed similar laws, but they are expected to be challenged in court. The U.S. Supreme Court has ruled in the past that imposing a death penalty for crimes involving the rape of a child would be considered cruel and unusual punishment.

Simpson is hoping that the current makeup of the Supreme Court would rule in favor of his law.

“The current punishment in Alabama is life without parole,” Simpson said. “I believe it’s cruel and unusual punishment to keep someone in prison for 40, 50, 60 year with no chance of ever getting out.”

The legislation would also impose mandatory life without parole if the victim is under 18 but over 6 years of age.

Yaffee is a contributing writer to Yellowhammer News and hosts “The Yaffee Program” weekdays 9-11 a.m. on WVNN. You can follow him on Twitter @Yaffee