Alabama Attorney General Steve Marshall Champions Expansion of Death Penalty for Child Rape

July 31, 2025 - MONTGOMERY, AL – The debate over the death penalty is intensifying in Alabama as Attorney General Steve Marshall has thrown his public support behind legislation that would permit capital punishment for those convicted of raping or sodomizing children under the age of twelve. The proposal, which has gained renewed urgency after a high-profile child exploitation case, would mark a significant expansion of the death penalty in a state already known for its tough-on-crime stance.

Background of the Proposed Legislation

The push for harsher penalties comes in the form of House Bill 49, introduced in early 2025 by Representative Matt Simpson, a Republican from Daphne. The bill seeks to empower prosecutors with the ability to pursue the death penalty in cases involving first-degree rape or sodomy where the victim is younger than twelve years old. Advocates argue that the measure is a critical tool in combating the most egregious crimes against children, while critics warn of potential constitutional challenges and the broader implications for the criminal justice system.

In February 2025, the Alabama House of Representatives passed House Bill 49 by a wide margin, signaling strong bipartisan support for the legislation. However, the bill stalled in the Senate and did not advance before the end of the legislative session. Senator April Weaver, Republican of Briarfield, has vowed to push the measure forward in the 2026 Alabama regular legislative session.

Attorney General Marshall's Support and Rationale

Attorney General Steve Marshall has emerged as a vocal proponent of the bill, framing it as a necessary response to crimes that, in his words, "destroy the innocence of a child." Marshall, a Republican, has repeatedly stated his belief that certain offenses are so egregious that they merit the "ultimate punishment." In a statement released in support of the legislation, Marshall asserted, "There are crimes so vile, so destructive to the innocence of a child, that they warrant the ultimate punishment."

Marshall's stance aligns Alabama with a growing national movement to expand the use of the death penalty for non-homicide offenses, particularly those involving minors. While opponents of capital punishment have long argued that it should be reserved for the most severe crimes resulting in death, states like Alabama are seeking to challenge that precedent by categorizing child sexual abuse as a capital crime.

Recent Events Fuel Legislative Urgency

The urgency surrounding the legislation was heightened this summer by the arrest of seven individuals in Bibb County who were allegedly involved in the sexual exploitation of children. Authorities reported that the suspects, some of whom were related to the victims, had abused multiple minors and, in some cases, had trafficked the children to buyers for money. Law enforcement officials described the details as "horrific," with ten victims identified between the ages of five and fifteen.

The Bibb County case has sent shockwaves through the state, with many Alabamians demanding stronger protections and harsher punishments for those who prey on children. Supporters of the bill point to the incident as evidence that the current legal framework is insufficient and that the threat of the death penalty could serve as a deterrent.

"This is exactly why we need this law on the books," said one advocate during a recent public hearing. "These crimes are not only a betrayal of trust, but an assault on the very foundation of our communities. We have to send a message that Alabama will not tolerate such evil."

Debate Over Constitutionality and Effectiveness

The proposal is not without controversy. The expansion of the death penalty to non-homicide crimes raises significant constitutional questions, particularly in light of a 2008 U.S. Supreme Court decision, Kennedy v. Louisiana, which found that imposing the death penalty for child rape where the victim did not die is unconstitutional. Proponents, however, argue that recent changes in the makeup of the Supreme Court could yield a different outcome if the law were challenged.

Civil liberties organizations and death penalty opponents have voiced concerns about the potential for wrongful convictions, the high costs of capital cases, and the lack of evidence that the death penalty serves as an effective deterrent. They also warn that such legislation could put Alabama at odds with prevailing national legal standards, potentially setting up a protracted legal battle.

What's Next for House Bill 49

With Senator Weaver set to introduce the bill in the Senate in 2026, the coming legislative session is expected to feature intense debate and scrutiny. Advocates are mobilizing to ensure the measure does not stall again, while opponents are preparing legal challenges and public campaigns against the expansion.

For Attorney General Steve Marshall and supporters of House Bill 49, the mission is clear: secure passage of the legislation to provide what they see as an essential weapon in the fight against child sexual abuse. For others, the stakes are equally high, with concerns about justice, constitutional rights, and the role of the death penalty in modern America at the forefront of the discussion.

As Alabama considers joining a small but growing number of states seeking to expand the death penalty for non-homicide crimes, the outcome of this legislative battle may have implications far beyond its borders.

Critics argue the legislation defies U.S. Supreme Court precedent, particularly the 2008 Kennedy v. Louisiana ruling, which prohibits capital punishment for crimes where the victim did not die. Supporters, including Marshall, hope the law will prompt a judicial reconsideration of that precedent, especially as similar laws have recently passed in Florida and Tennessee.

(Brandon Moseley contributed to this report).