TAMPA, Fla. (WFLA) — Two bills filed in the Florida House and Senate would enable the death penalty for capital sexual battery on minors without a unanimous jury.
The bills, filed as HB 1297 and SB 1342, would require a recommendation to the court of a sentence of death if at least eight jurors determine the defendant should be sentenced to death.
As the law currently stands, there is no death penalty associated with a guilty verdict for sexual battery, alone.
The bills, filed by Rep. Jessica Baker and Sen. Jonathan Martin, would apply to those 18 years of age or older who commit sexual battery or attempt to commit sexual battery injuries on a person less than 12 years of age.
“The Legislature finds that a person who commits a sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of, a person less than 12 years of age carries a great risk of death and danger to vulnerable members of this state,” SB 1342 states.
In layman’s terms, harming a child’s genitalia would count as an offense punishable with death, according to the provisions of the proposed legislation.
However, in order for the court to move forward with the death penalty proceedings, the prosecutor must first file a notice of their intent to seek the death penalty. The notice must be filed within 45 days of arraignment.
Then, a jury must unanimously find that an aggravating factor exists. If at least eight of the jurors find an aggravating factor exists and “determine that the defendant should be sentenced to death, the jury’s recommendation to the court must be a sentence of death.”
If seven or fewer jurors find the defendant should be sentenced to death, the court must receive a recommendation of a sentence of life imprisonment without the possibility of parole. Likewise, if the jury does not unanimously find at least one aggravating factor, the defendant is ineligible for the death sentence.