Florida Could Soon Have Death Penalty Option For Sex Trafficking

In Brief:

๐Ÿง‘โ€โš–๏ธ Who: Florida State Representative Berny Jacques and the state legislature

โ€ข๐Ÿ“œ What: House Bill 1283 proposes the death penalty for sex traffickers of certain victims

โ€ข๐Ÿ—“๏ธ When: Filed in 2024, awaiting committee assignment

โ€ข๐Ÿ“ Where: Florida state government

โ€ขโ“ Why: To increase penalties for severe sex trafficking offenses and deter future crimes

A Florida State House member has filed a bill that would allow a jury to give the death penalty to sex traffickers of minors and mentally incapacitated people.

ย 

Representative Berny Jacques, a central Florida Republican with a law degree from Stetson University, filed House Bill 1283, which would allow prosecutors to seek the death penalty for sex trafficking under certain circumstances.

ย 

Victims would have to be under the age of 12 or mentally incapacitated according to state law for the death penalty to be considered.

ย 

There are a lot of caveats – including the requirement that a convicted persons actions have at least two aggravating factors for a jury to consider the death penalty.

ย 

People under the age of 18 wouldn’t be eligible for the death penalty – and at least eight members of a jury would have to find the death penalty for a court to hand down that sentence.

ย 

According to a state government website – there were 137 convictions for sex trafficking of any kind in the state in 2020. That was the most recent year they had data for.

ย 

The bill has not yet been referred to committees, which will give us a good idea as to whether or not this bill will pass. Typically, the fewer committees a bill is referred to, the more likely it will pass into law.

ย 

The bill has a companion bill in the state senate – SB 1804. That’s typically seen as a positive sign that a bill has a better-than-average shot at becoming law.

Has this story made a difference for you? Consider making a monthly supporting donation to Mid Bay News so that we can continue to create meaningful local journalism for our community.

Other information to know:

List of aggravating factors to know

  • The defendant was previuosly convicted of a felony under Florida State Statute 787.06 (Human Trafficking Laws).
  • Previous conviction of another felony or felony involving threat of force
  • Felony committed by someone previously designated as a sexual predator
  • Committed by a sexual offender previously required to register with the state
  • A defendant who knowingly created a risk of death to one or more persons.
  • Defendant used a firearm or directed or allowed the use of a firearm to threaten, intimidate, assault or injure someone else.

List of mitigating factors.

  • No significant prior criminal history
  • The defendant was under extreme mental or emotional disturbance
  • The defendant was an accomplice with a minor role
  • The defendant was under extreme arrest or substantial domination of another person
  • The capacity of defendant to criminality of conduct was impaired
  • Age of defendant at the time of offense
  • The defendant could not have reasonably foreseen conduct of grave risk.
banner for the dear app