Alabama House Passes HB41, Expanding Death Penalty to Child Rapists

January 27, 2026 - MONTGOMERY - The Alabama House of Representatives has voted to pass HB41, a sweeping criminal‑justice measure that would allow courts to sentence perpetrators to the death penalty for individuals convicted of first‑degree rape, first‑degree sodomy, or sexual torture when the victim is under 12 years of age. The bill, formally titled the Child Predator Death Penalty Act, represents one of the most aggressive sentencing expansions in recent Alabama legislative history.

HB41 is sponsored by state Representative Matt Simpson (R-Daphne).

This is major shift in Alabama's Capital Punishment Law

Under current Alabama law, the death penalty is reserved for crimes involving homicide. HB41 would break new ground by making certain sexual offenses against young children capital crimes, even when the victim survives. The bill amends multiple sections of the Alabama Code-§13A‑5‑40, §13A‑6‑61, §13A‑6‑63, and §13A‑6‑65.1-to elevate these offenses to capital status when the victim is younger than 12.

Simpson said that the legislation is needed because some crimes are just so heinous that death is the only appropriate penalty.

"Those who commit these crimes are monsters, and I firmly believe society is safer when they are held fully accountable," said Simpson. "As someone who has prosecuted dozens of these cases, I can say with certainty that the public rarely hears the full horror of what these victims endure."

Rep. Patrice McClammey (D-Montgomery) said that the bill is "unconstitutional" and would be overturned by the federal courts.

"How much money are we going to waste defending these unconstitutional bills," McClammey said.

Rep. Kenyatte Hassell (D – Montgomery) said that he was concerned that child rapists would kill their victims if they know they could get the death penalty.

"My concern is the victims. I don't want to see them killed because of this bill," said Hassell.

Simpson responded, "The mind of the child rapist does not think like that. They don't think they are going to get caught. They continually use these children over and over again

Their mind is to use these children over and over again."

Rep. Mary Moore (D-Birmingham) asked, "What if they are falsely accused?"

Simpson replied that, "When they are charged with a capital crime they get two attorneys. They would have more attorneys, more money to defend their case."

"What do we do for that life that is lost?" Moore said. "I have seen it (wrongful convictions) happen too many times in my community. It is a concern when we talk about putting anybody to death for any of these capital crimes."

HB41 passed the House by a vote of 73 to 6.

If enacted, the legislation would:

- Classify first‑degree rape, first‑degree sodomy, and sexual torture of a child under 12 as capital offenses.

- Permit prosecutors to seek the death penalty or life without parole for those convicted.

- Require individuals sentenced to life imprisonment for these crimes to serve a minimum of 30 years before becoming eligible for parole.

Supporters argue that the bill closes a moral and legal gap by treating the most severe sexual crimes against children with the same gravity as homicide.

Simpson has championed tougher penalties for child predators throughout his time in the House. The bill has been framed as a top public‑safety priority for the 2026 legislative session, with broad backing from House leadership.

Governor Kay Ivey has also publicly urged lawmakers to pass the measure quickly, calling it "the strongest legal shield possible for the most vulnerable of our society." She emphasized that protecting children is "the highest priority" for the state and praised the bill's sponsors for advancing it.

Senator April Weaver (R-Briarfield) sponsored the companion bill in the Senate and is expected to carry HB41 when it reaches the Senate.

Sen. Weaver echoed Governor Ivey's sentiment, describing the legislation as a necessary deterrent to "unthinkable acts of child predators."

Simpson brought this legislation in 2025, but it failed to reach the governor's desk. Over the summer the momentum for HB41 intensified after a widely publicized case in Bibb County, where eight individuals were arrested and charged with the rape, trafficking, and sexual torture of at least 10 children-some as young as three years old. The case shocked the state and became a rallying point for lawmakers seeking harsher penalties for child sexual abuse.

Advocates for the bill have repeatedly cited the Bibb County case as evidence that Alabama's current sentencing structure is insufficient to deter or punish the most extreme forms of child sexual violence. None of the accused in that case can be executed because Alabama did not have a death penalty for child predators when their crime was committed.

Legal Questions and Potential Challenges

While HB41 has strong political momentum, legal scholars note that the U.S. Supreme Court ruled in Kennedy v. Louisiana (2008) that the death penalty for child rape where the victim survives violates the Eighth Amendment. Supporters of HB41 argue that the current Court may be willing to revisit that precedent, especially given shifting judicial philosophies and the severity of the crimes targeted.

If HB41 becomes law, it is widely expected to face immediate constitutional challenges from liberal lawyers, potentially setting up a test case for the U.S. Supreme Court to consider.

With House passage secured, HB41 now moves to the Alabama Senate, where its companion bill, SB17, is already positioned for consideration. If approved by both chambers and signed by Governor Ivey, the law would take effect October 1, 2026.

Given the political climate and bipartisan support, the bill is considered likely to advance-though its ultimate legal fate may be decided in federal court rather than the Alabama State House.

(A.I. contributed to this report.)

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