A new law which could lead to imposing the death penalty on rapists of children under age 12 took effect on Sunday.

More than 30 other laws passed during the 2023 legislative session in Florida, including a record $117 state budget which went into effect on July 1st – the start of the fiscal year.

The most controversial of the laws taking effect would allow the death penalty for people who commit sexual battery on children under age 12. The measure (HB 1297) likely will draw legal challenges, as U.S. Supreme Court and Florida Supreme Court precedents barred death sentences for rapists.

During the session, the bill sponsor by Jonathan Martin said the measure was for the protection of the children. “If an individual reps an 11-year-old, a 10-year-old, a two-year-old or a five-year-old they should be separated to the death penalty.”

This law would grant judges the discretion of imposing the death penalty or life in prison. However, if eight jurors suggest death, then judges would have to impose life sentences.  Juries would still need to unanimously find defendants guilty of the crimes before the sentencing phase would begin.

During a May 1 bill-signing event in Brevard County, Gov. Ron DeSantis said “Unfortunately, in our society, we have very heinous sex crimes that are committed against children under the age of 12 years old,” DeSantis said. “These are really the worst of the worst. The perpetrators of these crimes are often serial offenders.”

In voting against the measure in April, Sen. Rosalind Osgood, D-Fort Lauderdale, said the bill presented her with a “quandary.”

“I love kids, and I’ll do anything to protect them,” Osgood said. “But I struggle from a faith perspective. If I believe in my faith that God can redeem and save anybody, then how do I support someone getting the death penalty? And I’m just talking about me. That’s my struggle. That’s my challenge.”

The measure was approved 34-5 in the Senate and 95-14 in the House.

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