Rep. Nancy Mace Introduces Bill Seeking Death Penalty for Child Rapists

Photo: Facebook / Things You Don't Know Official U.S. Representative Nancy Mace has introduced new federal legislation that would autho...

Photo: Facebook / Things You Don't Know Official

U.S. Representative Nancy Mace has introduced new federal legislation that would authorize the death penalty for individuals convicted of certain sexual crimes against children, directly challenging longstanding Supreme Court precedent.

The proposal, titled the Death Penalty for Child Rapists Act, was introduced on February 26, 2026. The bill would allow capital punishment under federal law and the military justice code for aggravated sexual abuse, sexual abuse of a minor, and abusive sexual contact involving children. Mace framed the legislation in stark terms, declaring, “Rape a child and you don’t get a second chance, you get the death penalty.”

If enacted, the bill would set up a constitutional clash with the U.S. Supreme Court’s 2008 decision in Kennedy v. Louisiana, which held that imposing the death penalty for child rape where the victim survives violates the Eighth Amendment’s prohibition on cruel and unusual punishment. Legal experts say enforcement of Mace’s proposal would almost certainly trigger a new court battle, potentially asking the current Supreme Court to revisit and overturn that ruling.

Similar laws have recently been passed at the state level in Florida, Alabama, and Tennessee, though each faces ongoing legal challenges. In addition, twenty state attorneys general have urged the U.S. Department of Justice to support efforts aimed at overturning the 2008 precedent.

Mace has linked the bill to her broader push for accountability following renewed scrutiny surrounding the Jeffrey Epstein hearings, arguing that stronger penalties are necessary to deter child exploitation and abuse. The legislative move also comes as Mace campaigns for governor of South Carolina, positioning the measure as both a policy initiative and a campaign platform statement.

The debate over capital punishment for non-homicide crimes remains deeply divisive, with supporters arguing it provides justice and deterrence, while critics contend it violates constitutional protections and established legal standards. As the bill moves forward, it is expected to intensify national debate over criminal justice policy and the scope of the death penalty in the United States.