Governor Kay Ivey signs Child Predator Death Penalty Act, directly challenging 2008 Supreme Court ruling

MONTGOMERY, Ala. — Alabama has become the fourth U.S. state to enact legislation making child rape a capital offense punishable by death.

On February 12, 2026, Governor Kay Ivey signed House Bill 41, known as the Child Predator Death Penalty Act. The bill passed the Alabama House 73-6 in January and the Senate 33-1 in February. It is scheduled to take effect on October 1, 2026.

The new law makes first-degree rape, sodomy, and sexual assault of a victim under the age of 12 a capital offense, eligible for the death penalty. It applies specifically to cases involving children 11 years old and younger.

Alabama joins Florida, Tennessee, and Idaho as states that have passed similar measures in recent years. All four laws challenge the U.S. Supreme Court’s 2008 ruling in Kennedy v. Louisiana, a 5-4 decision that held the death penalty unconstitutional for child rape cases where the victim survives.

The legislation was sponsored by Rep. Matt Simpson (R) and Sen. April Weaver (R). It is not retroactive and is expected to face legal challenges in federal court.

Supporters argue the law sends a strong message about protecting children from the most heinous predators, while opponents contend it violates the Eighth Amendment’s prohibition on cruel and unusual punishment as interpreted by the Supreme Court.