Florida has officially enacted a controversial new law that allows the death penalty to be sought against adults convicted of se*ually as*aulting children under the age of 12. The measure, signed by Governor Ron DeSantis earlier this year, represents one of the most significant changes to the state’s criminal justice system in recent decades. It took effect this week, marking a new phase in Florida’s ongoing push to expand penalties for violent crimes.

Governor DeSantis, a strong advocate for the bill, described the measure as “justice for the most innocent.” In signing it into law, he argued that the most severe punishments should be available for what he called “the most horrific acts imaginable.” The governor has repeatedly framed the law as part of a broader effort to strengthen protections for children and send a message of zero tolerance toward offenders who prey on minors.

The new statute allows state prosecutors to seek capital punishment in cases where an adult is convicted of raping a child younger than 12. Previously, under both Florida law and U.S. Supreme Court precedent, the death penalty was limited to crimes involving murder or acts resulting in death. This shift therefore challenges long-standing federal rulings, particularly the 2008 Kennedy v. Louisiana decision, in which the Supreme Court held that imposing the death penalty for child rape was unconstitutional when the victim did not die.

Legal experts expect the law to face immediate challenges in court. Civil rights organizations and defense attorneys argue that the measure directly conflicts with federal precedent and will likely be struck down upon judicial review. Supporters of the law, however, believe the current Supreme Court may be open to revisiting the earlier ruling, particularly given recent shifts in the Court’s composition and the national debate over states’ rights in criminal sentencing.

Under the statute, a jury’s recommendation of at least eight out of twelve votes in favor of the death penalty is required for the sentence to be imposed — the same standard used in Florida’s other capital punishment cases. Prosecutors across the state have begun reviewing pending cases to determine whether charges could be pursued under the new guidelines. Some state attorneys have publicly welcomed the option, while others have expressed caution, citing the high stakes and legal uncertainties involved.

Victim advocacy groups have applauded the law, viewing it as a strong statement of support for survivors of child sexual abuse. Organizations that work with victims say the measure demonstrates that the state is taking their trauma seriously and prioritizing justice for young victims. However, opponents, including human rights organizations, warn that expanding the death penalty could complicate prosecutions and place additional emotional strain on survivors and their families during lengthy appeals processes.

As the law takes effect, Florida becomes the first state in modern U.S. history to reintroduce capital punishment for a crime that does not involve murder. The development has reignited a national debate about the scope of the death penalty and the balance between deterrence, justice, and constitutional rights. For now, both supporters and critics agree on one thing: the measure is likely to become a major test case for how far states can go in redefining the limits of capital punishment in America.