Wisconsin Lawmakers Propose Death Penalty for Some Child Sex Crimes

Bill would reintroduce capital punishment for certain first-degree sexual assaults against children under 13.

Published on Feb. 25, 2026

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Two Republican state lawmakers in Wisconsin have proposed legislation that would allow for the death penalty as a sentencing option for people convicted of certain sexual crimes against children under the age of 13. The bill includes several provisions, such as requiring DNA evidence and an automatic review by the state's Supreme Court.

Why it matters

Wisconsin abolished the death penalty in 1853, making it the first state to permanently ban capital punishment. This proposed legislation would mark a significant reversal of the state's stance on the death penalty, which remains a controversial and divisive issue.

The details

State Rep. Elijah Behnke from Oconto County and State Sen. Chris Kapenga from Waukesha County co-authored the bill, which would reintroduce the death penalty as a sentencing option for cases of first-degree sexual assault of a child. This includes sexual contact or intercourse with a person under 13 if great bodily harm results, or sexual intercourse with a person under 12. The bill includes several provisions, such as requiring DNA evidence, notice of intent to seek the death penalty, a separate sentencing hearing, automatic Supreme Court review, and rules for the execution process.

  • The bill was circulated to lawmakers on Monday, February 25, 2026.
  • The current legislative session in Wisconsin is coming to a close, making it unlikely the bill will move forward.

The players

Elijah Behnke

A Republican state representative from Oconto County who co-authored the bill.

Chris Kapenga

A Republican state senator from Waukesha County who co-authored the bill.

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What they’re saying

“These are monstrous, vile and unforgivable acts, and nothing can undo the devastation created for that child and their family.”

— Elijah Behnke and Chris Kapenga, Co-authors of the bill (wncy.com)

“It's time to stop talking about how we can increase jail time for these types of child sex offenders. They don't pull out the statute book before they destroy someone and their family and say, 'I wonder if it's worth that many years in prison?”

— Chris Kapenga, State Senator (wncy.com)

What’s next

The bill is unlikely to move forward in the current legislative session, which is coming to a close.

The takeaway

This proposed legislation to reintroduce the death penalty for certain child sex crimes in Wisconsin would mark a significant reversal of the state's longstanding ban on capital punishment, which has been in place since 1853. The bill faces an uphill battle in the current legislative session, but the debate over the death penalty and appropriate punishments for such heinous crimes is sure to continue.