Florida officials argue the measure strengthens protections for vulnerable children and gives prosecutors a tool to pursue the “worst of the worst” offenders. Governor Ron DeSantis has described the legislation as part of a broader effort to enhance penalties for violent and predatory crimes.
However, the law is already facing scrutiny and legal uncertainty. U.S. Supreme Court precedent established in Kennedy v. Louisiana (2008) held that the death penalty cannot be imposed for rape where the victim did not die—a ruling that remains binding unless overturned. Florida’s statute directly conflicts with that decision, meaning future cases could prompt legal challenges and possible review by higher courts.
Prosecutors in the state have already indicated plans to pursue capital punishment in specific cases under the new framework, signaling that the law could soon be tested in court. Critics, including legal experts and civil liberties advocates, warn that executing someone for a crime in which no death occurred raises profound constitutional and ethical issues.
As this law begins to be applied, Florida may find itself at the center of a landmark judicial battle over the limits of capital punishment in the United States.
