ALABAMA GOVERNOR SIGNS LAW IMPOSING DEATH PENALTY FOR RAPE AND TORTURE OF CHILDREN UNDER 12

On February 12, 2026, Governor Kay Ivey signed the Child Predator Death Penalty Act into law in Alabama, expanding capital punishment eligibility for certain crimes involving children under the age of 12. What the New Law DoesThe law — one of the governor’s top legislative priorities this session — makes the following crimes capital offenses:First-degree rape of a child under 12First-degree sodomy against a child under 12Sexual torture of a child under 12Those convicted of these offenses can now be sentenced to death under Alabama law. Legislative HistoryThe bill, known as the Child Predator Death Penalty Act, was sponsored by state Rep. Matt Simpson and state Sen. April Weaver. It passed the Alabama Legislature with strong Republican support after being reintroduced during the 2026 regular session. Effective DateThe law is scheduled to take effect on October 1, 2026. Public Response and Legal QuestionsSupporters say the law is a decisive step in protecting children and deterring the most heinous crimes. Critics, however, have pointed to constitutional concerns: the U.S. Supreme Court previously ruled that applying the death penalty to non-homicide offenses, including child rape, is unconstitutional — a decision known as Kennedy v. Louisiana (2008). Legal analysts expect constitutional challenges to be filed once the law is implemented. Judicial decisions in related cases may shape how and whether the new law is applied.Why It MattersAlabama’s move comes amid broader debates nationwide about criminal justice reforms and public safety policies. By adding sexual crimes against very young children to the list of capital offenses, Alabama joins a small number of states pursuing similar legislation.