STORAGE NAME: h1283.CRM
DATE: 3/20/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 1283
TITLE: Capital Human Trafficking of Vulnerable Persons
for Sexual Exploitation
SPONSOR(S): Jacques
COMPANION BILL: SB 1804 (Martin)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Criminal Justice
13 Y, 2 N, As CS
SUMMARY
Effect of the Bill:
CS/HB 1283 creates the criminal offense of capital human trafficking of vulnerable persons for sexual exploitation
which prohibits a person 18 years of age or older from knowingly engaging in human trafficking of a vulnerable
person, through the use of physical force or violence, and, in the course of committing the offense, selling or
otherwise transferring the vulnerable person to another person with knowledge, or in reckless disregard of the
fact, that as a consequence of the sale or transfer, any person will commit a sexual battery upon the vulnerable
person. Under the bill, a vulnerable person means a child under the age of 12 or a person who is mentally defective
or mentally incapacitated. The bill establishes the sentencing procedure which must be used to determine if an
offender convicted of the offense will be sentenced to death or life imprisonment, and requires the finding of at
least two aggravating factors to make an offender eligible for a sentence of death. The bill authorizes the state to
appeal from a sentence in a capital human trafficking of vulnerable persons for sexual exploitation case that
resulted from the circuit court’s failure to comply with the required sentencing procedures.
Fiscal or Economic Impact:
The bill may have an indeterminate negative impact on state expenditures. To the extent the bill results in more
death sentences being imposed, it may increase costs associated with the incarceration and execution of prisoners
sentenced to death and may increase the workload of the Florida Supreme Court by requiring the Court to review
an increased number of death penalty cases.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
CS/HB 1283 creates the criminal offense of capital human trafficking of vulnerable persons for sexual exploitation.
Specifically, the bill prohibits a person 18 years of age or older from knowingly engaging in human trafficking of a
vulnerable person, through the use of physical force or violence, and, in the course of committing the offense,
selling or otherwise transferring the vulnerable person to another person with knowledge, or in reckless disregard
of the fact, that as a consequence of the sale or transfer, any person will commit a sexual battery offense upon the
vulnerable person. (Section 1)
The bill defines a “vulnerable person” as any:
Child under 12 years of age; or
Person who is mentally defective or mentally incapacitated. (Section 1)
The bill establishes a sentencing procedure that is required to be followed to determine if an offender convicted of
an offense of capital human trafficking of vulnerable persons for sexual exploitation will be sentenced to death or
life imprisonment. (Section 1)
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
If the state attorney intends to seek the death penalty in such a case, the bill requires the state attorney to give
notice to the defendant and file the notice with the court within 45 days of the defendant’s arraignment. The notice
must contain a list of the aggravating factors the state intends to prove and has reason to believe it can prove
beyond a reasonable doubt. Under the bill, the court may allow the state to amend the notice upon a showing of
good cause. (Section 1)
The bill requires a court to conduct a separate sentencing proceeding to determine whether a defendant convicted
of a capital human trafficking of vulnerable persons for sexual exploitation offense for which the state is seeking
the death penalty should be sentenced to death or life imprisonment. Under the bill, the sentencing proceeding
must be conducted by the trial judge in front of the trial jury as soon as practicable. If the trial jury is unable to
reconvene for the sentencing proceeding, the trial judge may summon a special juror or jurors to determine the
defendant’s sentence. In a case where the defendant waived a trial jury or pleaded guilty, the sentencing
proceeding must be conducted by a jury impaneled to determine his or her sentence, unless the defendant waives a
jury. (Section 2)
At the sentencing proceeding, the bill authorizes evidence relevant to the nature of the crime and the character of
the defendant to be presented and requires evidence relating to aggravating factors and mitigating circumstances
to be presented. The bill establishes statutory aggravating factors specific to capital human trafficking of
vulnerable persons for sexual exploitation, which include:
The capital felony was committed by a person previously convicted of a felony violation of s. 787.06, F.S.,
relating to human trafficking, or s. 787.062, F.S., relating to capital human trafficking of vulnerable persons
for sexual exploitation, and under sentence of imprisonment or placed on community control or felony
probation.
The defendant was previously convicted of another capital felony or of a felony involving the use or threat
of violence to the person.
The capital felony was committed by a person designated as a sexual predator pursuant to s. 775.21, F.S., or
a person previously designated as a sexual predator who had the sexual predator designation removed.
The capital felony was committed by a sexual offender who is required to register pursuant to s. 943.0435,
F.S., or a person previously required to register as a sexual offender who had such requirement removed.
The defendant knowingly created a great risk of death to one or more persons such that participation in the
offense constituted reckless indifference or disregard for human life.
The defendant used a firearm or knowingly directed, advised, authorized, or assisted another to use a
firearm to threaten, intimidate, assault, or injure a person in committing the offense or in furtherance of the
offense.
The capital felony was especially heinous, atrocious, or cruel.
The victim of the capital felony was particularly vulnerable due to age or disability, or because the
defendant stood in a position of familial or custodial authority over the victim.
The capital felony was committed by a person subject to an injunction issued pursuant to s. 741.30, F.S., or
s. 784.046, F.S., or a foreign protection order accorded full faith and credit pursuant to s. 741.315, F.S., and
was committed against the petitioner who obtained the injunction or protection order or any spouse, child,
sibling, or parent of the petitioner.
The victim of the capital felony sustained serious bodily injury. (Section 2)
Once the state provides evidence of two or more aggravating factors, the bill authorizes the state to introduce
victim impact evidence. Such evidence must be designed to demonstrate the victim’s uniqueness as a human being
and the physical and psychological harm to the victim. (Section 2)
The bill also establishes mitigating circumstances a jury may consider as follows:
The defendant has no significant history of prior criminal activity.
The capital felony was committed while the defendant was under the influence of extreme mental or
emotional disturbance.
The defendant was an accomplice in the capital felony committed by another person and his or her
participation was relatively minor.
The defendant acted under extreme duress or under the substantial domination of another person. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
The capacity of the defendant to appreciate the criminality of his or her conduct or to conform his or her
conduct to the requirements of law was substantially impaired.
The age of the defendant at the time of the crime.
The defendant could not have reasonably foreseen that his or her conduct in the course of the commission
of the crime would cause or would create a grave risk of death to one or more persons.
The existence of any other factors in the defendant’s background that would mitigate against imposition of
the death penalty. (Section 2)
After hearing all the evidence presented regarding aggravating factors and mitigating circumstances, the bill
requires the jury to deliberate and determine if the state has proven, beyond a reasonable doubt, the existence of at
least two aggravating factors. If the jury:
Does not unanimously find at least two aggravating factors, the defendant is ineligible for a sentence of
death.
Unanimously finds at least two aggravating factors, the defendant is eligible for a sentence of death and the
jury must make a recommendation to the court as to whether the defendant should be sentenced to life
imprisonment without the possibility of parole or to death. (Section 2)
The bill requires the jury’s recommendation to be based on a weighing of the following:
Whether sufficient aggravating factors exist.
Whether aggravating factors exist which outweigh the mitigating circumstances found to exist.
Based on the prior considerations, whether the defendant should be sentenced to life imprisonment
without the possibility of parole or to death. (Section 2)
Under the bill, if at least eight jurors determine the defendant should be sentenced to death, the jury’s
recommendation to the court must be a sentence of death. Upon receiving a jury recommendation of death, the
court must consider all aggravating factors unanimously found by the jury and any mitigating circumstances, and
may impose a sentence of life imprisonment without the possibility of parole or a death sentence. (Section 2)
If fewer than eight jurors determine the defendant should be sentenced to death, the jury’s recommendation to the
court must be a sentence of life imprisonment without the possibility of parole and the court must impose the
recommended sentence. (Section 2)
The bill requires the court, after imposing sentence, to enter a written order addressing:
The aggravating factors found to exist;
The mitigating circumstances reasonably established by the evidence;
Whether there are sufficient aggravating factors to warrant the death penalty; and
Whether the aggravating factors outweigh the mitigating circumstances reasonably established by the
evidence. (Section 2)
The court must also include any reasons it did not accept the jury’s recommended sentence in its written order
when applicable. (Section 2)
In a case where the defendant waives his or her right to a sentencing proceeding by a jury, the court must consider
all the aggravating factors and mitigating circumstances and may impose a sentence of life imprisonment or death.
The bill specifies a court may only impose a sentence of death if the court finds that at least two aggravating factors
have been proven to exist beyond a reasonable doubt. (Section 2)
If the court does not enter a written order requiring a death sentence within 30 days after entering the defendant’s
judgment and sentence, the court must impose a sentence of life imprisonment without the possibility of parole.
(Section 2)
Under the bill, the Florida Supreme Court (FSC) must automatically review a judgment of conviction and sentence
of death and must render an opinion within two years of the filing of a notice of appeal. (Section 2)
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
The bill provides legislative intent specifying that the Legislature finds that a person who commits the offense of
human trafficking of a vulnerable person, through the use of physical force or violence, and, in the course of
committing the offense, sells or otherwise transfers the vulnerable person to another person with knowledge, or in
reckless disregard of the fact, that as a consequence of the sale or transfer, any person will commit a sexual battery
offense upon the vulnerable person imposes a great risk of death and danger to vulnerable members of the state.
The Legislature further finds that such crimes exploit society’s most vulnerable citizens, destroy the innocence of
young children, and violate all standards of decency held by civilized society, and that persons who commit such
acts against vulnerable persons may be determined by the trier of fact to have a culpable mental state of reckless
indifference or disregard for human life. (Section 2)
Under the bill, and when applicable, a court must impose a sentence of death notwithstanding existing case law
which holds such a sentence unconstitutional under the Florida Constitution and the United States Constitution.
However, in any case for which the FSC or the United States Supreme Court reviews a death sentence imposed for a
capital human trafficking of vulnerable persons for sexual exploitation offense, and in making such a review
reconsiders the holdings in Buford v. State and Kennedy v. Louisiana, and determines a sentence of death remains
unconstitutional, the court having jurisdiction over the person previously sentenced to death must resentence the
person to life imprisonment without the possibility of parole. (Section 2)
The bill authorizes the state to appeal from a sentence in a capital human trafficking of vulnerable persons for
sexual exploitation case that resulted from the circuit court’s failure to comply with the sentencing procedures
established by the bill in s. 941.1427, F.S., including by striking a notice of intent to seek the death penalty, refusing
to impanel a capital jury, or otherwise granting relief that prevents the state from seeking a sentence of death.
(Section 3)
The bill specifies it is applicable to crimes committed on or after October 1, 2025. (Section 2)
The bill provides an effective date of October 1, 2025. (Section 6)
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have an indeterminate negative impact on state expenditures. To the extent the bill results in more
death sentences being imposed, it may increase the:
Number of inmates on death row and the costs associated with their incarceration and execution.
Workload of the Florida Supreme Court related to reviewing death penalty cases. However, any increased
workload would likely be absorbed within existing resources.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Human Trafficking
Human trafficking is a form of modern day slavery which involves the transporting, soliciting, recruiting,
harboring, providing, enticing, maintaining, purchasing, patronizing, procuring, or obtaining of another person for
the purpose of exploiting that person.
1 A person may not knowingly, or in reckless disregard of the facts, engage in
human trafficking, attempt to engage in human trafficking, or benefit financially by receiving anything of value
from participating in a venture that has subjected a person to human trafficking for commercial sexual activity,
labor, or services:
By using coercion;
2, 3
1
S. 787.06(2)(d), F.S.
2
S. 787.06(3)(a)2., (b), (c)2., (d), (e)2., and (f)2., F.S.
3
“Coercion” means: using or threatening to use physical force against any person; restraining, isolating, or confining or
threatening to restrain, isolate, or confine any person without lawful authority and against her or his will; using lending or
other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the
value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of
the labor or services are not respectively limited and defined; destroying, concealing, removing, confiscating, withholding, or JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
With or of a child or person believed to be a child younger than 18;
4 or
If for commercial sexual activity,
5 with a mentally defective or mentally incapacitated person.
6
“Mentally defective” means a mental disease or defect which renders a person temporarily or permanently
incapable of appraising the nature of his or her conduct.
7
“Mentally incapacitated” means temporarily incapable of appraising or controlling a person's own conduct due to
the influence of a narcotic, anesthetic, or intoxicating substance administered without his or her consent or due to
any other act committed upon that person without his or her consent.
8
Any human trafficking offense committed upon a child younger than 18 years of age or an adult believed by the
defendant to be a child younger than 18 years of age for labor or services is punishable as a first-degree felony.
9
However, if a child younger than 18 years of age or an adult believed by the defendant to be a child younger than
18 years of age, or a person who is mentally defective or mentally incapacitated, is involved in human trafficking
for the purposes of commercial sexual activity, the defendant commits a life felony.
10
Additionally, a parent, legal guardian, or a person with custody over a minor, who sells or transfers custody or
control of the minor, or offers to sell or transfer custody or control of the minor, with knowledge or in reckless
disregard of the fact that the minor will be subject to human trafficking after the sale or transfer, commits a life
felony.
11
A defendant’s ignorance of the victim’s age, the victim’s misrepresentation of his or her age, or a defendant’s bona
fide belief of the victim’s age cannot be raised as a defense in a prosecution for a human trafficking offense.
12
Sexual Battery
Section 794.011, F.S., criminalizes sexual battery offenses and defines “sexual battery” as oral, anal, or female
genital penetration by, or union with, the sexual organ of another or the anal or female genital penetration of
another by any other object.
13
A person 18 years of age or older who commits sexual battery upon, or in an attempt to commit sexual battery
injures the sexual organs of, a person less than 12 years of age commits a capital felony, punishable by death or life
imprisonment.
14 Additionally, without regard to the willingness or consent of the victim, which is not a defense to
prosecution, a person 18 years of age or older who is in a position of familial or custodial authority to a person less
than 12 years of age and who engages in any act with that person which constitutes sexual battery, or in an attempt
to commit sexual battery injures the sexual organs of such person, commits a capital felony.
15
possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported
government identification document, of any person; causing or threatening to cause financial harm to any person; enticing or
luring any person by fraud or deceit; or providing a controlled substance as outlined in Schedule I or Schedule II of s. 893.03,
F.S., to any person for the purpose of exploitation of that person. S. 787.06(2)(a), F.S.
4
S. 787.06,(3)(a)1., F.S., s. 787.06(3)(c)1., F.S., s. 787.06(3)(e)1., F.S.,s. 787.06(3)(f)1., F.S., and s. 787.06(3)(g), F.S.
5
“Commercial sexual activity” means any prostitution, lewdness, or assignation offense or attempt to commit such an offense,
and includes a sexually explicit performance and the production of pornography. S. 787.06(2)(b), F.S. “Sexually explicit
performance” means an act or show, whether public or private, that is live, photographed, recorded, or videotaped and
intended to arouse or satisfy the sexual desires or appeal to the prurient interest. S. 787.06(2)(i), F.S.
6
S. 787.06(3)(g), F.S.
7
S. 794.011(1)(c), F.S.
8
S. 794.011(1)(d), F.S.
9
S. 787.06(3)(a)1., F.S., s. 787.06(3)(c)1., F.S., and s. 787.06(3)(e)1., F.S.,
10
S. 787.06(3)(g), F.S.
11
S. 787.06(4)(a), F.S.
12
S. 787.06(9), F.S.
13
S. 794.011(1)(j), F.S. Sexual battery does not include an act done for a bona fide medical purpose.
14
Punishable as provided in ss. 775.082 and 921.1425, F.S.
15
S. 794.011(8)(c), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
A person commits a first-degree felony if he or she is 18 years of age or older and commits sexual battery upon a
person 12 years of age or older, without that person’s consent, and when:
The offender, without the prior knowledge or consent of the victim, administers or has knowledge that
someone else has administered to the victim any narcotic, anesthetic, or other intoxicating substance that
mentally or physically incapacitates the victim.
The victim is mentally defective, and the offender has reason to believe this or has actual knowledge of this
fact.
16
Sentence of Death or Life Imprisonment for Capital Sexual Battery
Section 794.011, F.S. requires a person who has been convicted of a capital sexual battery to be punished by death
if a proceeding held to determine sentence under s. 921.1425, F.S.,
17 results in a determination that such person
shall be punished by death, otherwise the person shall be punished by life imprisonment and is not eligible for
parole.
Under s. 921.1425, F.S., to sentence a defendant to death when he or she has not waived the right to a sentencing
proceeding by a jury, a jury must unanimously find the existence of at least two aggravating factors and find that
any aggravating factors found to exist were proven beyond a reasonable doubt. If a jury makes such a finding, the
jury must then make a recommendation to the court as to whether the defendant should be sentenced to death or
life imprisonment.
18 The jury’s recommendation must be based on a weighing of the following:
Whether sufficient aggravating factors exist;
Whether aggravating factors exist which outweigh the mitigating circumstances found to exist; and
Whether, based on the prior considerations, the defendant should be sentenced to death or life without the
possibility of parole.
19
If fewer than eight jurors determine that the defendant should be sentenced to death, the jury must recommend a
sentence of life imprisonment without the possibility of parole and the court must impose a life sentence.
20 If at
least eight jurors determine that the defendant should be sentenced to death, the jury must recommend a sentence
of death.
21 Thereafter, the judge must consider each aggravating factor that was unanimously found to exist by the
jury and all mitigating circumstances, and may impose a sentence of life imprisonment or a death sentence.
22 The
aggravating factors a jury may consider are limited by statute.
Aggravating Factors
Section 921.1425(7), F.S., provides the following aggravating factors:
The capital felony was committed by a person previously convicted of a felony violation of s. 794.011, F.S.,
relating to sexual battery offenses, and under sentence of imprisonment or placed on community control or
on felony probation.
The defendant was previously convicted of another capital felony or of a felony involving the use or threat
of violence to the person.
The capital felony was committed by a person designated as a sexual predator pursuant to s. 775.21, F.S., or
a person previously designated as a sexual predator who had the sexual predator designation removed.
The capital felony was committed by a sexual offender who is required to register pursuant to s. 943.0435,
F.S., or a person previously required to register as a sexual offender who had such requirement removed.
The defendant knowingly created a great risk of death to one or more persons such that participation in the
offense constituted reckless indifference or disregard for human life.
16
An offense committed on a victim 12 years of age or older, but younger than 18 years of age is punishable by a term of years
not exceeding life. S. 794.011(4)(a) and (b), F.S., and s. 794.011(4)(e)4. and 5., F.S.
17
The sentencing of other capital felony offenses are provided for in s. 921.141, F.S., and the sentencing of capital drug
trafficking felonies are specifically provided for in s. 921.142, F.S.
18
S. 921.1425(3), F.S.
19
Id.
20
S. 921.1425(3)(c) and (4)(a)1., F.S.
21
S. 921.1425(3)(c), F.S.
22
S. 921.1425(4)(a)2., F.S.. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
7
The defendant used a firearm or knowingly directed, advised, authorized, or assisted another to use a
firearm to threaten, intimidate, assault, or injure a person in committing the offense or in furtherance of the
offense.
The capital felony was committed for pecuniary gain.
The capital felony was especially heinous, atrocious, or cruel.
The victim of the capital felony was particularly vulnerable due to age or disability, or because the
defendant stood in a position of familial or custodial authority over the victim.
The capital felony was committed by a person subject to an injunction issued pursuant to s. 741.30,
F.S. or s. 784.046, F.S., or a foreign protection order accorded full faith and credit pursuant to s. 741.315,
F.S., and was committed against the petitioner who obtained the injunction or protection order or any
spouse, child, sibling, or parent of the petitioner.
The victim of the capital felony sustained serious bodily injury.
Mitigating Circumstances
Mitigating circumstances are not limited by statute. Section 921.1425(8), F.S., specifies that mitigating
circumstances for a capital sexual battery offense include the following:
The defendant has no significant history of prior criminal activity.
The capital felony was committed while the defendant was under the influence of extreme mental or
emotional disturbance.
The defendant was an accomplice in the capital felony committed by another person and his or her
participation was relatively minor.
The defendant acted under extreme duress or under the substantial domination of another person.
The capacity of the defendant to appreciate the criminality of his or her conduct or to conform his or her
conduct to the requirements of law was substantially impaired.
The age of the defendant at the time of the crime.
The existence of any other factors in the defendant's background that would mitigate against imposition of
the death penalty.
Automatic Review
Section 921.1425(6), F.S., provides that any judgment of conviction and sentence of death shall be subject to
automatic review by the Supreme Court of Florida, with the required disposition rendered within two years after
the filing of a notice of appeal. Such automatic reviews have priority over all other cases.
23
Imposing the Death Penalty for Sexual Battery Offenses
Coker v. Georgia, 433 U.S. 584 (1977)
In Coker v. Georgia, the United States Supreme Court (USSC) determined that, with respect to rape of an adult
woman,
24 a sentence of death is a grossly disproportionate and excessive punishment forbidden by the Eighth
Amendment as cruel and unusual punishment.
25 The defendant in Coker, had prior convictions for capital felonies
of rape, murder, and kidnapping, however, the USSC found his previous convictions did not change the fact that in
the case being punished, the rape did not involve the taking of a life. Distinguishing the crime of rape from the
crime of murder, the USSC said, “The murderer kills; the rapist, if no more than that, does not. Life is over for the
victim of the murderer; for the rape victim, life may not be nearly so happy as it was, but it is not over and normally
is not beyond repair. We have the abiding conviction that the death penalty, which ‘is unique in its severity and
irrevocability’ is an excessive punishment for the rapist who, as such, does not take human life.”
Buford v. State, 403 So.2d 943 (Fla. 1981)
23
S. 921.1425(6), F.S.
24
In subsequent decisions, the USSC has noted that the victim in this case, although characterized as an adult was actually a
16-year-old woman, however, she may have qualified as an adult as she was married, had her own home, and had a child. See
Kennedy v. Louisiana, 554 U.S. 407, 427 (2008).
25
At the time the case was decided, Georgia was the only jurisdiction in the United States that authorized a sentence of death
for the rape of an adult woman. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
8
In Buford, the Defendant was convicted of first-degree murder, sexual battery on a child under 11 years of age, and
burglary with intent to commit sexual battery. The trial court imposed two death sentences for the murder and
sexual battery convictions. In determining whether a death sentence for the crime of sexual battery of a child
violated the Eighth and Fourteenth Amendments to the U.S. Constitution as cruel and unusual punishment, the
Florida Supreme Court (FSC) looked to the USSC’s Coker decision, explicitly acknowledging that Coker did not
decide whether a death sentence for the rape of a child under the age of 11 was unconstitutional. However, the FSC
went on to explain that “[t]he reasoning in Coker v. Georgia compels us to hold that a sentence of death is grossly
disproportionate and excessive punishment for the crime of sexual assault and is therefore forbidden by the Eighth
Amendment as cruel and unusual punishment.” The FSC did not explicitly explain why the Coker holding regarding
the rape of an adult woman should apply equally to the rape of a child under 11 years of age. The death sentence
for the defendant’s murder conviction was sustained and the death sentence for sexual assault was vacated and the
defendant was sentenced to life imprisonment on the sexual assault.
Kennedy v. Louisiana, 554 U.S. 407 (2008)
In this case, the defendant was charged with the aggravated rape of his 8-year-old stepdaughter. The jury
unanimously determined the defendant should be sentenced to death and the Louisiana Supreme Court affirmed
the death sentence. In determining whether the death penalty was cruel and unusual punishment and thus
violative of the Eighth Amendment, the USSC examined the number of states with capital rape provisions, finding
that of the 36 states plus the Federal Government that had the death penalty, only six of those jurisdictions
authorized the death penalty for rape of a child. As such, the Court found there was a national consensus against
capital punishment for the crime of child rape.
Consistent with evolving standards of decency, the Court found a distinction between intentional first-degree
murder and nonhomicide crimes against individual persons, including child rape. The Court went on to conclude
that regardless of any restrictions requiring the finding of aggravating factors necessary to impose a death
sentence for child rape, it had “no confidence that the imposition of the death penalty would not be so arbitrary as
to be ‘freakish.’”
Finally, the Court went on to consider the problem of unreliable child testimony in some child rape cases, the issue
of removing the incentive for an offender not to kill their child rape victim, and the harm that may be caused to the
child victim if he or she was required to give testimony on multiple occasions in a death penalty case. In striking
down the death sentence in this case, the Court held that in their “independent judgment” the death penalty was
not a proportional punishment for the rape of a child.
26
Appeal by the State
Section 924.07(1), F.S., authorizes the state to appeal from:
An order dismissing an indictment or information or any count thereof or dismissing an affidavit charging
the commission of a crime or a violation of probation, community control, or any supervised correctional
release.
An order granting a new trial.
An order arresting judgment.
A ruling on a question of law when the defendant is convicted and appeals from the judgment.
The sentence, on the ground that it is illegal.
A judgment discharging a prisoner on habeas corpus.
An order adjudicating a defendant insane under the Florida Rules of Criminal Procedure.
All other pretrial orders, except that it may not take more than one appeal under this subsection in any
case.
A sentence imposed below the lowest permissible sentence established by the Criminal Punishment Code
under ch. 921, F.S.
A ruling granting a motion for judgment of acquittal after a jury verdict.
An order denying restitution under s. 775.089, F.S.
An order or ruling suppressing evidence or evidence in limine at trial.
An order withholding adjudication of guilt in violation of s. 775.08435, F.S.
26
Kennedy v. Louisiana, 554 U.S. 407, 421 (2008). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
9
The sentence in a case of capital sexual battery on the ground that it resulted from the circuit court's failure
to comply with sentencing procedures under s. 921.1425, F.S., including by striking a notice of intent to
seek the death penalty, refusing to impanel a capital jury, or otherwise granting relief that prevents the
state from seeking a sentence of death.
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Criminal Justice Subcommittee 13 Y, 2 N, As CS 3/19/2025 Hall Leshko
THE CHANGES ADOPTED BY THE
COMMITTEE:
Created a definition of “vulnerable person.”
Removed an offense prohibiting an offender less than 18 years of age
from engaging in human trafficking of a person under 18 years of age
or of a mentally defective or mentally incapacitated person as a life
felony, as there is an existing offense that captures this conduct.
Conformed terminology with existing law.
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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