Rep. Nancy Mace has introduced a bold new bill that would impose the death penalty for perpetrators of child sexual abuse. The legislation, named the Death Penalty for Child Rapists Act, was filed on February 26, 2026, and targets aggravated sexual abuse, sexual abuse of minors, and abusive sexual contact under both federal and military law.
The bill directly challenges the Supreme Court’s 2008 decision in Kennedy v. Louisiana, which ruled that executing someone for child rape is unconstitutional when the victim survives. If passed, the law could spark a legal battle prompting the Supreme Court to revisit this precedent.
Several states, including Florida, Alabama, and Tennessee, have enacted similar laws, though all have faced legal challenges. Additionally, twenty state attorneys general have called on the Department of Justice to support overturning the ruling.
Mace framed the bill as part of her broader push for accountability following the Jeffrey Epstein hearings, emphasizing that serious crimes against children must carry the harshest consequences.
The introduction of the bill comes as Mace is also campaigning for governor of South Carolina, combining her policy goals with a strong political message. Supporters argue the measure provides justice for the most vulnerable victims, while critics warn of constitutional and legal hurdles.
The legislation is expected to ignite nationwide debate about the balance between child protection, punishment, and constitutional limits.
