State Sen. Chris Kapenga and Rep. Elijah Benke have introduced legislation to allow capital punishment in certain first-degree child sex assault cases.
Wisconsin Republicans are pushing to restore the death penalty as a sentencing option for the most heinous cases of child sexual assault, signaling a tough-on-crime stance that prioritizes protecting the state’s most vulnerable residents.
A bill co-sponsored by State Sen. Chris Kapenga and Rep. Elijah Behnke would allow prosecutors to seek capital punishment in specific instances of first-degree sexual assault of a child. This includes cases involving sexual contact or intercourse with a victim under 13 where great bodily harm results, or intercourse with a child under 12. The legislation, detailed in a co-sponsorship memo circulated Monday, aims to pair the death penalty with life imprisonment for these “monstrous, vile, and unforgivable acts,” as the authors described them.
To safeguard against errors, the proposal includes strict safeguards: mandatory DNA evidence linking the perpetrator to the crime, prosecutorial notice of intent to seek death when filing charges, a separate sentencing hearing with jury rights for the defendant, automatic review by the Wisconsin Supreme Court, and provisions for execution procedures and witnesses.Wisconsin abolished the death penalty in 1853 after a botched execution. This measure reflects growing conservative frustration with lenient sentencing for child predators and aligns with efforts in other states, such as Alabama’s recent law enacting death penalties for child rapists.
Though the bill is unlikely to advance in the current legislative session—following the Assembly’s floor adjournment on February 20—it underscores Republican commitment to harsher penalties for violent crimes against children amid broader debates over criminal justice.
