Did Florida enact the death penalty for pedophiles?

Florida passed a law in 2023 that allows the death penalty for those convicted of sexual battery on a child under the age of 12. 

While Gov. Ron DeSantis’ March 31 claim that the state permits the death penalty for pedophiles is true, there are multiple caveats. For one, the death penalty can’t be sought for all pedophiles. There are limits depending on the nature of the crime and the child’s age.

Higher courts are also bound by the 2008 Supreme Court case Kennedy v. Louisiana, which determined that execution was too harsh of a punishment for a child sexual assault case that didn’t result in death.

The 2023 law is Florida’s way of challenging the 2008 precedent. Once someone receives capital punishment under that law and appeals it, it will push the Supreme Court –– which is more conservative than it was in 2008 –– to revisit the case.