Alabama seek to bring back death penalty for child rape convictions
Republican State Sen. April Weaver speaks to reporters at the Alabama Statehouse in Montgomery, Ala., on Thursday, Feb. 5, 2026 about legislation aimed at allowing the death penalty for child rape.
MONTGOMERY, Ala. (AP) — The state of Alabama has joined a growing number of Republican-led states seeking to revive the death penalty for child rape, a sentence outlawed by the U.S. Supreme Court in 2008.
Alabama approved legislation Thursday to add rape and sexual torture of a child under 12 to the narrow list of crimes that could draw a death sentence.
The Supreme Court in 2008 ruled that such sentences were not a “proportional punishment” and would violate the Eighth Amendment’s ban on cruel and unusual punishment.
Republican Rep. Matt Simpson, a former prosecutor who is sponsoring the legislation, said getting the Supreme Court to revisit the constitutionality issue will require getting a test case to the high court. He hopes that will happen if enough states pass similar legislation.
“This is the worst of the worst crime. It deserves the worst of the worst punishments,” Simpson said.
Five states — Florida, Tennessee, Idaho, Arkansas and Oklahoma — have passed similar bills in the last three years and at least five more have proposed bills, according to the Death Penalty Information Center, which tracks the use of capital punishment across the United States.
Florida Attorney General James Uthmeier in November announced the intent to seek a death sentence for a man indicted on charges of multiple counts of capital sexual battery on a child under 12.
While the Alabama bill passed with widespread support, some lawmakers emphasized that capital punishment for child rape is unconstitutional and taxpayers would have to foot the bill for any court challenge.
Robin M. Maher, executive director of the Death Penalty Information Center, said there are concerns that such laws could cause children harm instead of protecting them.
Writing for the majority opinion in 2008, Justice Anthony Kennedy wrote that the prospect of a death sentence for the perpetrator might discourage reporting by victims or “may remove a strong incentive for the rapist not to kill the victim.”
“The court recognized that these statutes do more harm to children than help them. They actually place them in grave danger of being killed,” Maher said.
The Alabama Senate on Thursday voted 33-1 for the bill. Alabama Gov. Kay Ivey said she will sign the bill into law because,” we have to do everything we can to protect Alabama’s children.”
While the bill is currently unconstitutional, Republican Sen. April Weaver likened it to state abortion bans that were considered unconstitutional until the U.S. Supreme Court in 2022 overturned Roe v. Wade and again allowed states to prohibit abortion. The Alabama legislation won approval after a headline-making case of an alleged child sex trafficking ring in Bibb County. Prosecutors said at least 10 children, some as young as 3, were subjected to rape and torture in an underground bunker.
“I believe there’s a special place in hell for people who do this to our children, and today, we’re one step closer to having a special place for them in Alabama, and that’s on death row,” said Weaver, who represents Bibb County.
Crew of fatal US military crash included Alabama father recently deployed
The six U.S. service members who died in the crash of a U.S. military refueling aircraft included an Alabama father who had just been promoted and deployed. The U.S. government released the identities of the deceased service members Saturday.
Alabama poised to drastically overhaul utility regulation. Will it lower electric bills?
The Alabama Senate unanimously voted to expand the public service commission, and create a Secretary of Energy to address rising electricity prices. A bill in the House would go even further, requiring rate case hearings and limiting utility profits.
Musher from Alabama is going for back-to-back Iditarod wins
Riches and paid appearances haven’t followed Jessie Holmes since he won the world’s most famous sled dog race, the Iditarod, last year. He doesn't mind.
Bill would move Alabama to closed primaries
Right now, any Alabama voter can participate in a primary election. Lawmakers in Montgomery took up a bill this week that would change that system.
Auburn football player uses NIL funds to open a community hub in Birmingham
Jourdin Crawford, a freshman defensive lineman at Auburn, used earnings from a Name, Image, and Likeness deal to give back to his hometown.
Ivey commutes death sentence of inmate whose accomplice fired fatal shot
Charles “Sonny” Burton was sentenced to death for the killing of Doug Battle during a 1991 robbery. However, another man shot Battle when Burton had left the building.
