State Rep. Matt Simpson (R-Daphne) pre-filed a bill to make first-degree rape or sodomy of a child five years of age and under a capital offense punishable by death. The change would apply to defendants 18 and older.
The bill is similar to laws passed in Florida and Tennessee. It is part of an effort to overturn Kennedy v. Louisiana, which prohibits the death penalty for crimes where death did not occur and was not intended.
"The rationale was that only five states allowed it at that time, so it was unusual, therefore a violation of the cruel and unusual punishment clause, Simpson told 1819 News. "The thought is that if more states permit death in these cases, then it is no longer 'unusual' and Kennedy would be overturned based on its own rationale."
While current provides for mandatory life without parole, Simpson said the act is worse than some murders.
"I don't believe you can rehabilitate someone that commits rape of a child that young," he said. "In my opinion, this is more egregious than some murders."
HB49 by Erica Thomas on Scribd
HB-49 is sponsored by Reps. Simpson, Jamie Kiel (R-Russellville), Ernie Yarbrough (R-Trinity), Mack Butler (R-Rainbow City), Mark Shirey (R-Mobile), Russell Bedsole (R-Alabaster), Phillip Rigsby (R-Huntsville), James Lomax (R-Huntsville), Arnold Mooney (R-Indian Springs), Donna Givens (R-Loxley), Bryan Brinyark (R-Tuscaloosa) and House Majority Leader Scott Stadthagen (R-Hartselle).
To connect with the author of this story or to comment, email erica.thomas@1819news.com.
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