People convicted of sex offenses against children can be sentenced to death or life without parole on their first offense under a new law signed by Gov. Kevin Stitt, according to the Oklahoma Voice. The U.S. Supreme Court has unequivocally determined that the death penalty may apply only in cases where the life of the victim has been taken. In Kennedy v. Louisiana, the Court ruled that the Eighth Amendment prohibits the death penalty for the rape of a child when the victim did not die and the crime was not intended to cause death.
Senate Bill 599, authored by Sen. Warren Hamilton,
R-McCurtain, allows prosecutors to pursue the death penalty for the rape of a
child under 14 for first-time offenders. Under existing law, the offender must
have been previously convicted of the sex crime to be eligible for the death
penalty.
For lewd molestation against a child under the age of 12, an
offender can receive the death penalty, a sentence of at least 10 years or life
or life without parole. The law currently requires a sentence of at least 25
years of incarceration.
“Oklahoma is sending a clear and unequivocal message, crimes
against our most vulnerable citizens, our children, will be met with the
harshest consequences,” Hamilton said in a statement.
The Oklahoma District Attorney’s Council was involved in the
crafting of this legislation and made recommendations to shape its language, he
said. Prosecutors will continue to have discretion about which sentence to
seek.
Hamilton said this law makes Oklahoma one of the states with
the toughest penalties for child sex offenses.
“I deeply appreciate Gov. Stitt for signing this crucial
legislation,” he said. “His action reaffirms our state’s commitment to justice
and to protecting children from predators who, frankly, don’t deserve a second
chance.”
The legislation passed through the Legislature with the only
“no” votes coming from some House and Senate Democrats.
The new law takes effect Nov. 1.
To read more CLICK HERE
No comments:
Post a Comment