Death Penalty for Child Rapists Act
Summary
What This Bill Does
The Death Penalty for Child Rapists Act adds death as an authorized punishment for several federal sexual-abuse offenses involving children. It changes 18 U.S.C. 2241(c), which currently carries a minimum 30-year or life sentence, to allow death, any term of years, or life plus a fine. It changes the penalty under 18 U.S.C. 2243(a) from a maximum term of 15 years to death, any term of years, or life, with a possible fine.
The bill also changes specified abusive-sexual-contact penalties under 18 U.S.C. 2244. For covered child offenses, it replaces existing maximum terms with death, any term of years, or life and a fine. It amends the federal death-penalty eligibility statute to include an offense under sections 2241, 2243, or 2244 committed against a child.
For military cases, the bill amends Article 120b(a) of the Uniform Code of Military Justice so rape of a child may be punished by death or another authorized punishment.
A severability clause directs that if a court holds any provision, amendment, or application unconstitutional, the remainder of the Act and its other applications remain in effect. The bill does not establish a separate funding authorization, reporting program, or victim-compensation mechanism.
Who Benefits and How
Federal and military prosecutors gain express statutory authority to seek capital punishment in the listed child sexual-abuse cases. Child victims and their families receive a sentencing framework that permits the most severe federal penalty. Prosecutors may also seek any term of years or life where death is not sought or imposed. Surviving provisions retain legal effect if one part is invalidated.
Who Bears the Burden and How
Defendants convicted of the covered federal or military offenses face substantially increased sentencing exposure, including death and life imprisonment. Federal courts, military judges, juries, prosecutors, defense counsel, and capital-case administrators must handle the additional procedures associated with death-eligible prosecutions. Federal public-defense and judicial accounts bear added litigation costs. Defendants challenging one provision face a severability rule designed to preserve the remainder of the statute.
Key Provisions
- Authorizes death for covered aggravated sexual abuse of a child.
- Expands section 2243 child-sex-abuse punishment to death, any term of years, or life.
- Expands specified abusive-sexual-contact penalties involving children.
- Adds covered child offenses to federal death-penalty eligibility.
- Authorizes death for rape of a child under the military justice code.
- Preserves remaining provisions and applications after a constitutional holding.
Evidence Chain:
This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers with clause-level evidence links.
At a Glance
What This Bill Does
Makes death an authorized punishment for specified federal sexual-abuse offenses against children and for rape of a child under the Uniform Code of Military Justice, while preserving the rest of the Act if any provision or application is held unconstitutional.
Key Policy Areas
Federal Criminal Sentencing, Child Sexual Abuse, Capital Punishment, Military Justice, Severability
Primary Purpose
Makes death an authorized punishment for specified federal sexual-abuse offenses against children and for rape of a child under the Uniform Code of Military Justice, while preserving the rest of the Act if any provision or application is held unconstitutional.
Policy Domains
Section 3 military death-penalty authorization
Identified Gains
- Military prosecutors handling child-rape cases
- Child victims within military jurisdiction
- Families using military victim-support programs
- Military special-victim counsel programs
Identified Costs
- Service members convicted of child rape
- Military capital-case defense counsel
- Military judges conducting capital cases
- Court-martial panel members
- Military justice administration accounts
Section 4 severability
Identified Gains
- Federal prosecutors relying on surviving provisions
- Military prosecutors relying on surviving provisions
- Federal courts applying unaffected provisions
- Military courts applying unaffected provisions
Identified Costs
- Defendants challenging surviving provisions
- Constitutional-review litigation counsel
- Federal judges conducting severability analysis
- Military judges conducting severability analysis
Section 2 civilian federal death-penalty authorization
Identified Gains
- Federal prosecutors handling child sex offenses
- Child victims of covered federal offenses
- Families of child sexual-abuse victims
- Federal victim-services personnel
Identified Costs
- Defendants convicted under section 2241
- Defendants convicted under section 2243
- Defendants convicted under section 2244
- Federal capital-case defense counsel
- Federal judges conducting capital cases
- Federal juries hearing capital cases
- Federal capital-case administration accounts
Sponsors
Nancy Mace
R-SC | Primary Sponsor
Legislative Progress
In CommitteeReferred to the Committee on the Judiciary, and in addition …
Introduced in House
Ms. Mace introduced the following bill; which was referred to …
Stakeholder Effects
cui bono?How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.
Federal capital-case administration accounts, Federal judges conducting capital cases, Federal judges conducting severability analysis
Positive-direction: Federal prosecutors handling child sex offenses, Federal prosecutors relying on surviving provisions, Military prosecutors handling child-rape cases, Military prosecutors relying on surviving provisions
Negative-direction: Federal capital-case administration accounts, Federal judges conducting capital cases, Federal judges conducting severability analysis, Military judges conducting capital cases, Military judges conducting severability analysis, Military justice administration accounts
Defendants challenging surviving provisions, Defendants convicted under section 2241, Defendants convicted under section 2243
Child victims of covered federal offenses, Child victims within military jurisdiction
Federal capital-case defense counsel, Military capital-case defense counsel
Bill Structure & Actor Mappings
Who is "The Secretary" in each section?
- "court"
- → Federal court conducting a death-eligible criminal case
- "victim"
- → Child victim of a covered sexual offense
- "defendant"
- → Person convicted of a listed federal sexual offense against a child
- "prosecutor"
- → Federal prosecutor seeking an authorized sentence
- "court"
- → Court-martial adjudicating an Article 120b charge
- "victim"
- → Child victim within military jurisdiction
- "accused"
- → Service member convicted of rape of a child
- "prosecutor"
- → Military prosecutor
- "reviewer"
- → Court reviewing constitutionality
- "challenger"
- → Defendant challenging a provision or application
- "prosecutor"
- → Government attorney relying on a surviving provision
Note: {'scope_ids': ['federal_child_sex_offense_penalties', 'capital_penalty_severability'], 'description': 'The bill authorizes death for the listed offenses while directing courts to preserve unaffected provisions and applications if a capital-punishment provision is held unconstitutional.'}
Key Definitions
Terms defined in this bill
The Uniform Code of Military Justice offense for which the bill expressly adds death as an authorized punishment.
Specified offenses under 18 U.S.C. 2241, 2243, or 2244 committed against a child and made death-eligible by the bill.
We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.
Learn more about our methodology