Last year, Governor Ron DeSantis of Florida signed legislation permitting the court to administer the death penalty to specific offenders who prey on children. This law is currently facing legal challenges. Meanwhile, in another state, a comparable bill has been approved by the state’s House of Representatives.
On February 14, the Idaho House approved HB 515 with a vote of 57-11. This bill, sponsored by Republican state Representatives Josh Tanner and Bruce Skaug, proposes to designate the rape of a child under 12 as a capital offense punishable by death. While acknowledging its probable unconstitutionality, the sponsors expressed hope that the Supreme Court would assess the bill and potentially enable an extension of the death penalty.
According to the Idaho Capital Sun, Skaug stated that lawmakers have a duty to safeguard children, and he contends that in certain instances, when a crime is exceptionally heinous, retribution is warranted.
When questioned about the potential for the law to be invalidated due to a precedent established by the court, the lawmaker dismissed it, emphasizing that the outcome hinges on the composition of the court.
Skaug further remarked that imposing the death penalty for a sexual offense would be highly unusual for a prosecutor to request. He clarified that only the most egregious cases would justify such a severe punishment.
The Supreme Court addressed this matter in 2008 through the Kennedy v. Louisiana case, where it determined that states couldn’t impose the death penalty on sex offenders. With the current Supreme Court being the most conservative in decades, and having already demonstrated a willingness to overturn prior precedents, such as with the reversal of Roe v. Wade in 2022, lawmakers are optimistic that history may repeat itself. Florida’s law came into effect last autumn.
