Rep. Nancy Mace introduced legislation this week that would authorize the death penalty in federal cases involving certain sex crimes against children. The proposal would apply to aggravated sexual abuse, sexual abuse of a minor, and abusive sexual contact offenses. If enacted, the measure would likely trigger a direct challenge to existing Supreme Court precedent.
Nancy Mace announced the “Death Penalty for Child Rapists Act” on social media, stating the bill would amend Title 18 of the U.S. Code to permit capital punishment for specified crimes against children. The legislation would also amend the Uniform Code of Military Justice to authorize the death penalty for child rape in military cases.
Mace framed the bill as part of broader efforts to hold sexual predators accountable, referencing investigations related to Jeffrey Epstein. She said those who commit such crimes against children should face the “ultimate consequence.”
If passed and signed into law, the bill would confront the Supreme Court’s 2008 decision in Kennedy v. Louisiana. In that ruling, the Court held that imposing the death penalty for non-homicide crimes, including the rape of a child, violates the Eighth Amendment’s prohibition on cruel and unusual punishment.
Legal analysts note that any federal statute authorizing capital punishment for child rape would almost certainly face immediate court challenges. For enforcement to proceed, the Supreme Court would need to reconsider or overturn its prior decision.
The proposal mirrors laws enacted in states such as Florida, Alabama, and Tennessee that authorize the death penalty for certain child rape convictions. Those state measures remain unenforceable under the current precedent.
When Florida passed a similar law in 2023, Gov. Ron DeSantis said he believed the Supreme Court’s earlier ruling was wrongly decided and suggested the Court’s current composition might view the issue differently.
Mace did not directly address the constitutional hurdle in her announcement but indicated that the bill is intended to ensure severe consequences for crimes against children. The legislation now faces the legislative process in Congress, where its prospects remain uncertain.
