Florida Governor Ron DeSantis signed a law that makes child rapists eligible for the death penalty, then said the state is ready to take that fight to the United States Supreme Court.
Quick Take
- Florida passed House Bill 1297 in 2023, and the law took effect on October 1.
- The law allows death sentences for adults convicted of sexually battering children under 12.
- DeSantis said the law was meant to challenge existing Supreme Court precedent and reach the high court.
- The move immediately set up a legal clash with Kennedy v. Louisiana, which bars the death penalty for rape when the victim does not die.
Florida Drew a Hard Line on Child Rape
DeSantis signed the bill as part of a broader anti-crime package and framed it as a public safety measure. Florida officials said the law creates a path for capital punishment in the worst child rape cases, while also keeping life in prison without parole on the table.
Love it, but it should be for ALL rapists… get the death penalty!
WATCH: DeSantis Confirms Florida Will Execute Child Rapists and Take the Fight All the Way to the Supreme Court https://t.co/xP1lBP6g7n
— Sherlock's Dad (@sherlocksdad45) July 4, 2026
The law covers adults who commit sexual battery against children under 12. Reporting at the time said the measure was written to set up a direct constitutional test, not just a new sentencing option. That point mattered because the governor openly said he wanted the current Supreme Court to reconsider the old rule.
The Legal Fight Was Built In
The legal problem was plain from the start. In Kennedy v. Louisiana, the Supreme Court held that the Eighth Amendment forbids the death penalty for child rape when the crime does not cause death.
That earlier ruling has been the main wall blocking states from executing non-homicide offenders. Florida’s new law was designed to press against that wall, and legal observers said almost immediately that the state was inviting a court challenge.
DeSantis Framed It as a Supreme Court Test
DeSantis said he believed the Supreme Court would uphold the law and that Florida should press the issue all the way up. He also said the state was willing to overturn what he saw as a wrong precedent protecting child rapists from the harshest punishment.
🚨 Florida Enacts Death Penalty for Child Rapists, Challenging Supreme Court for Justice
Governor Ron DeSantis affirmed Florida’s commitment to the ultimate punishment for the most heinous crimes against children, vowing to fight outdated restrictions at the Supreme Court. This… pic.twitter.com/4CegriSzwD
— Morse Report (@MorseReport) July 4, 2026
The first known death penalty case under the new law later came from Lake County, where State Attorney Bill Gladson announced an indictment under the statute. That case showed the law was not just symbolic. Florida prosecutors were prepared to use it.
Why the Measure Matters Beyond Florida
Florida’s law became part of a larger state-level push to test Kennedy v. Louisiana. Other states later moved in the same direction, turning child rape and capital punishment into a new battleground over old precedent.
Supporters cast the law as a direct answer to the worst crimes against children. Critics say the Supreme Court has already spoken, and they point to the constitutional barrier as a likely reason the law will face years of litigation before any execution can happen.
Sources:
thegatewaypundit.com, lukenewmanlaw.com, facebook.com, cssh.northeastern.edu, deathpenaltyinfo.org, apnews.com, x.com, flgov.com, scotusblog.com, law.cornell.edu
