Wisconsin Lawmakers Propose Bringing Back Death Penalty for Certain Child Sex Crimes

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Two Republican state lawmakers in Wisconsin have circulated a proposal that would allow prosecutors to seek the death penalty for certain first-degree sexual assault convictions involving very young children. The plan lays out strict evidentiary standards, a separate sentencing hearing, and automatic review by the state Supreme Court, but faces significant legal and political obstacles to becoming law.

Why it matters

Wisconsin abolished the death penalty in 1853 and has not carried out an execution in over 170 years. This proposal would mark a dramatic reversal and reignite the long-running debate over capital punishment, its deterrent effect, and the risk of wrongful convictions, especially for such heinous crimes against children.

The details

The proposal from state Rep. Elijah Behnke and state Sen. Chris Kapenga would apply the death penalty to sexual contact or intercourse with a child under 13 when great bodily harm results, and to any sexual intercourse with a child under 12. It would require DNA evidence linking the convicted person to the assault, call for a separate sentencing hearing, and send any death sentence appeal straight to the Wisconsin Supreme Court.

• The lawmakers circulated the proposal memo on February 23, 2026.
• The Wisconsin Assembly has already completed its final scheduled floor day for the current legislative session, making the proposal more of a marker for the next cycle.

What they’re saying

What’s next

The proposal would need to be formally introduced as a bill and go through the legislative process, including committee hearings and floor votes in both the state Assembly and Senate. If passed, it would likely face significant legal challenges before any executions could be carried out.