09/21/2026
**A Florida law says an adult convicted of sexually assaulting a child under 12 can face the death penalty. But there is a major constitutional question surrounding whether that punishment can actually be carried out.**
On March 12, Rep. **Anna Paulina Luna**, who represents Florida's 13th Congressional District, addressed child sexual predators in a social-media post, writing that under Florida's law, **"if you r**e a child you will be put to death."** She also thanked the Florida Legislature and Gov. Ron DeSantis.
The post reportedly received millions of views.
The underlying law is real.
Florida's **HB 1297**, signed into law in 2023, amended state law to classify certain sexual batteries against children younger than 12 as capital felonies. The statute allows a defendant convicted of the offense to face either **death or life imprisonment**, following a separate sentencing proceeding.
But there is an important constitutional obstacle.
In **Kennedy v. Louisiana**, decided by the U.S. Supreme Court in 2008, the Court ruled that the Eighth Amendment prohibits the death penalty for child r**e when the victim does not die. The decision was **5â4**, with Justice Anthony Kennedy writing for the majority.
Florida's Legislature was aware of that precedent.
The state's sentencing statute explicitly declares that *Kennedy v. Louisiana* was wrongly decided and describes it as an infringement on state authority to punish serious crimes.
In other words, Florida lawmakers deliberately enacted a capital-punishment provision despite the existing Supreme Court precedent.
That creates a direct constitutional conflict: **Florida law authorizes the death penalty for certain child sexual battery convictions, while the Supreme Court's existing precedent says the death penalty cannot be imposed for child r**e when the victim survives.**
Any attempt to impose such a sentence would therefore face constitutional litigation, with the Supreme Court's precedent remaining binding unless and until the Court changes it.
The issue is ultimately bigger than one social-media post.
Florida has put a law on the books that challenges a 2008 Supreme Court ruling â leaving the question of whether that precedent should remain in place for the courts to decide.