Alabama Approves Death Penalty for Child Rape

State joins growing number of Republican-led states seeking to revive capital punishment for child sex crimes.

Feb. 5, 2026 at 5:55pm

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The Alabama state legislature has passed a bill to add rape and sexual torture of a child under 12 to the list of crimes that could draw a death sentence, despite a 2008 Supreme Court ruling that such sentences are unconstitutional. Supporters argue it is the "worst of the worst crime" and deserves the "worst of the worst punishment", while critics warn it could discourage reporting by victims and place children in greater danger.

Why it matters

This legislation is part of a broader push by Republican-led states to revive the death penalty for child sex crimes, which the Supreme Court ruled unconstitutional in 2008. The move has raised concerns that such laws could actually harm the very children they aim to protect by discouraging reporting and increasing the risk of victims being killed.

The details

The Alabama bill passed with widespread support, adding rape and sexual torture of a child under 12 to the list of crimes that could draw a death sentence. Similar bills have been passed in five other states in the last three years, with at least five more proposing such legislation. Supporters argue it is necessary to punish the "worst of the worst" crimes, while critics warn it is unconstitutional and could endanger children.

  • The Alabama Senate voted 33-1 to pass the bill on February 5, 2026.
  • The bill now heads to Alabama Governor Kay Ivey, who has said she will sign it into law.

The players

Matt Simpson

Republican state representative and former prosecutor who sponsored the legislation.

Kay Ivey

The governor of Alabama, who has said she will sign the bill into law.

Robin M. Maher

Executive director of the Death Penalty Information Center, who expressed concerns that such laws could cause more harm to children.

April Weaver

Republican state senator who represents Bibb County, where a high-profile child sex trafficking case occurred.

James Uthmeier

Florida Attorney General who 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.

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What they’re saying

“This is the worst of the worst crime. It deserves the worst of the worst punishments.”

— Matt Simpson, State Representative

“The court recognized that these statutes do more harm to children than help them. They actually place them in grave danger of being killed.”

— Robin M. Maher, Executive Director, Death Penalty Information Center

“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.”

— April Weaver, State Senator

What’s next

The Alabama bill will now go to Governor Kay Ivey, who has said she will sign it into law. If enacted, the law would likely face a court challenge over its constitutionality, as the Supreme Court ruled in 2008 that the death penalty for child rape is unconstitutional.

The takeaway

This legislation reflects a growing push by Republican-led states to revive the death penalty for child sex crimes, despite concerns that such laws could actually endanger children by discouraging reporting and increasing the risk of victims being killed. The ultimate fate of the Alabama bill will depend on whether the Supreme Court is willing to revisit its previous ruling on the issue.