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The Alabama House of Representatives Tuesday approved a bill that would allow prosecutors to seek the death penalty for those convicted of sexual assault of a child under the age of 12.

HB 41, sponsored by Rep. Matt Simpson, R-Daphne, passed the chamber after a lengthy and sometimes testy debate in which Democrats said the move could retraumatize victims or put them in physical harm and questioned the constitutionality of the legislation.

Simpson, a former child crimes prosecutor, said the bill was part of a broader national effort to overturn Kennedy v. Louisiana, a 2008 U.S. Supreme Court ruling that prohibited capital punishment for child rape.

A defense attorney and prosecutor reacted to a bill in the Alabama Legislature that would approve the death penalty for child rapists if enacted.

The bill passed through the House on Tuesday and is now moving through the Senate.

HB41 would make certain violent crimes against children, such as first-degree rape, first-degree sodomy and sexual torture of victims under the age of 12, a capital crime. That means those who are convicted of any of those crimes could be sentenced to death.

Defense attorney John Robbins said he understands why the bill was proposed, but he’s not in favor of the death penalty.

“The state of Alabama does not need more reasons to seek the death penalty,” Robbins said. “And it’s the state of Alabama, I understand, is going to want to challenge the U.S. Supreme Court case that’s been on the books for quite some time where they held that in the non-death cases.”

On the other side of the argument is Blount County District Attorney Pam Casey. She said the law will deter crime and keep children safe.

“Pedophiles cannot be rehabilitated, number one. And when we put them back on the street, very few sex crimes against children have a very long sentence, unless you’re a habitual offender,” Casey said. “What this does is increase the age from 7 to 12. That would allow us to have more leeway and especially have the death penalty on the table. But here’s the thing. It makes sure more children in the future are not harmed.”

HB41 will now head to a Senate committee for a vote, where Robbins and Casey said they expect it will pass.

Jim Burton wrote: Wed Feb 04, 2026 11:09 pm

“Pedophiles cannot be rehabilitated, number one. And when we put them back on the street, very few sex crimes against children have a very long sentence, unless you’re a habitual offender,” Casey said. “What this does is increase the age from 7 to 12. That would allow us to have more leeway and especially have the death penalty on the table. But here’s the thing. It makes sure more children in the future are not harmed.”

Scorchingwilde wrote: Thu Feb 05, 2026 5:06 am

Jim Burton wrote: Wed Feb 04, 2026 11:09 pm

“Pedophiles cannot be rehabilitated, number one. And when we put them back on the street, very few sex crimes against children have a very long sentence, unless you’re a habitual offender,” Casey said. “What this does is increase the age from 7 to 12. That would allow us to have more leeway and especially have the death penalty on the table. But here’s the thing. It makes sure more children in the future are not harmed.”

She said the quiet part out loud, implying the need for death or imprisonment for all pedophiles. One day I hope everyone will always have been against this

Alabama 2026 election: Everyone running for attorney general

Pamela Casey- serving in her 16th year as Blount County District Attorney after being reelected twice since 2010. Before her election, she served as assistant attorney general and deputy attorney general under AG Troy King, starting in 2007.

Jim Burton wrote: Wed Feb 04, 2026 11:09 pm https://www.cbs42.com/news/local/alabam ... -bill/amp/

“Pedophiles cannot be rehabilitated, number one. And when we put them back on the street, very few sex crimes against children have a very long sentence, unless you’re a habitual offender,” Casey said. “What this does is increase the age from 7 to 12. That would allow us to have more leeway and especially have the death penalty on the table. But here’s the thing. It makes sure more children in the future are not harmed.”

Aspire6 wrote: Sun Feb 08, 2026 6:13 amIt comes at no surprise that a DA says that. What a horrible person. I have said this before and still believe this but they claim this is for people who "rape" children, but it won't be long before they move the goalposts of what "rape" means. Now suddenly you're considered a rapist for possessing child porn... or even further, a future rapist for admitting to having sexual thoughts of minors... Give them an inch and they take a mile.