Alabama Gov. Kay Ivey (R) signed the Child Predator Death Penalty Act into law Thursday, authorizing capital punishment for first-degree rape, first-degree sodomy, and first-degree sexual assault involving children younger than 12.
The statute, which takes effect Oct. 1, significantly expands the scope of capital offenses under state law.
The proposal moved through the Legislature with decisive margins, passing the House 73-6 and the Senate 33-1.
State Rep. Matt Simpson (R) and State Sen. April Weaver (R) sponsored the measure, arguing that existing penalties did not adequately reflect the severity of crimes committed against very young victims.
Following the bill’s signing, Ivey described the change as a direct response to concerns about child safety.
In a written statement, she said the new statute ensures that “the strongest legal protections” apply in cases involving the state’s youngest residents and emphasized that those convicted under the law could face the most severe punishment available.
Lawmakers frequently referenced a 2025 Bibb County investigation in which eight individuals were charged with offenses including rape, human trafficking, and sexual torture involving at least 10 children.
Authorities reported that some victims were as young as three, according to WAAY-TV.
Supporters cited the case during floor debate as an illustration of why enhanced sentencing authority was necessary.
Simpson, a former prosecutor, has said the legislation recognizes the lifelong harm such crimes inflict.
According to WEIS Radio, he contended that the justice system must be equipped with penalties proportionate to the gravity of the offense and maintained that the revised statute reflects that principle.
With the enactment, Alabama joins Florida, Tennessee, Idaho, Arkansas, and Oklahoma in approving laws that permit capital punishment for certain child sexual abuse convictions.
The Death Penalty Information Center reports that additional states have considered similar proposals in recent legislative sessions.
The law sets the stage for a potential constitutional challenge.
In Kennedy v. Louisiana (2008), the U.S. Supreme Court ruled 5-4 that imposing the death penalty for child rape in cases where the victim did not die violated the Eighth Amendment’s prohibition against cruel and unusual punishment.
The majority concluded that execution was disproportionate for non-homicide offenses.
Legal analysts note that court review would likely occur only after a death sentence is issued under Alabama’s statute.
Any resulting appeals could test whether the Court’s 2008 decision remains controlling precedent or whether shifting state laws influence future interpretation, WVUA 23 notes.
During debate, Democratic Rep. Phillip Ensler raised concerns about litigation costs and the prospect of extended appeals if the measure conflicts with existing federal precedent.
According to Alabama Public Radio, he questioned whether defending the statute would create additional financial obligations for the state.
Backers of the bill have argued that action by multiple states could factor into how the Supreme Court evaluates evolving standards of decency, a doctrine often considered in Eighth Amendment cases.
They suggest broader legislative adoption may shape future judicial analysis.
The development comes amid a nationwide decline in executions, though capital punishment remains active in several Southern states.
Resist the Mainstream previously reported that Alabama recently became the first state to carry out an execution using nitrogen gas, underscoring its continued use of the death penalty.
State officials say the Child Predator Death Penalty Act is intended to impose the highest penalty authorized under Alabama law for the most serious crimes against children.
Its ultimate durability will depend on how courts address the constitutional questions it raises.
