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The Tennessee Conservative [By Paula Gomes] –
A bill that adds onto Tennessee law allowing the death penalty for child rape has been introduced ahead of the upcoming legislative session.
Sponsored by Representative Greg Martin (R-Hixson-District 26), House Bill 1454 (HB1454) expands the list of aggravating circumstances by which prosecutors may pursue the death penalty for those found guilty of the rape of a child.
According to Martin, protecting children is a top priority for Tennessee Republicans.
Martin says that adults capable of this heinous crime deserve the maximum penalty under the law and the death penalty means that the “morally depraved individuals” who commit such crimes can never reoffend.
The current law that allows for the death penalty in the “worst of the worst” cases was passed by the Tennessee General Assembly in 2024, increasing the penalty for rape or aggravated rape of a child to a Class A felony Range III offense, carrying a 40-60 year sentence.
Sponsored by House Majority Leader William Lamberth (R-Portland-District 44), the legislation allows juries to consider the death penalty as one possible option for individuals convicted of child rape when the victim is 12 years of age or younger.
Opposition to the bill last year ranged from fears that the death penalty for child rape would incentivize rapists to kill their victims, that the state would be returning to “failed policies of the 1990s”, and that it would make it even harder for children to disclose what has happened to them as many times the perpetrator is a close family member or other loved one.
Last year, Lamberth said that he didn’t take the proposed legislation lightly, but believed that if someone rapes a child, they should forfeit their life.
Lamberth anticipated that the law would be challenged in the courts, with it possibly going all the way to the U.S. Supreme Court.
Kennedy V Louisiana in 2007 resulted in the only states with death penalty statues for child rape on the books, abolishing those standards. A 5-4 Supreme Court ruled that imposing death in a crime that did not result, and was not intended to result, in the death of a child was a violation of the 8th Amendment.
Lamberth has said that he supports Martin taking the lead on the issue in the new year.
Martin’s proposed legislation would give prosecutors the power to pursue the death penalty in the following additional circumstances:
being found guilty of the aggravated rape of child younger than 4-years-old, for holding a position of trust over a victim, for being a registered sex offender at the time of the offense, for the assault of a victim who the defendant knew was mentally or physically challanged or helpless, if the defendant committed incest, for having a previous felony or misdemeanor conviction for an offense that involved sexual contact with a minor child, if the offense involved especially aggravated kidnapping, if the assault was photographed or recorded, if the sedation of victims was involved using intoxicants or controlled substances, if the the use of a deadly weapon was involved, if the victim endured torture or other especially heinous actions, if the victim or another person who provided access was paid off to remain silent, or if there is an additional conviction for rape of a child or the continuous sexual abuse of a child.
Hamilton County District Attorney General Coty Wamp welcomes the legislation saying it allows the “ultimate punishment for the worst offenders.”
The 114th General Assembly is set to convene in Nashville on January 13th, 2026 at noon.
About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.
One Response
Law SHOULD be IMMEDIATE execution upon conviction.