A new Mississippi law, Senate Bill 2821, which took effect on July 1, 2026, adds sexual battery of a child under 12 to the list of crimes eligible for the death penalty. The legislation creates the crime of "capital sexual battery" and permits prosecutors to seek the death penalty against defendants aged 18 or older in qualifying cases involving victims younger than 12.

If convicted, a jury must unanimously find at least two specific aggravating factors beyond a reasonable doubt for the defendant to be eligible for the death penalty. If jurors do not recommend the death penalty, the mandatory sentence is life in prison without parole.

James Duckett was recently executed for the 1987 rape and murder of 11-year-old Tereasa McAbee, a case cited in relation to the new law. Investigators also believe he was involved in another case that same year.

Jeremy England, the bill's author, stated the legislation aims to impose the harshest punishment for crimes against Mississippi's most vulnerable population. According to England, "Those are the worst types of crimes against the most innocent of our citizens here in Mississippi," as reported by WLBT.

However, critics express concern that capital punishment may deter victims from testifying, especially since many offenders are known to the child victims. One concern is that children may be asked to testify against relatives in cases that could lead to execution.

Abraham Bonowitz, executive director of Death Penalty Action, shared that he once supported the death penalty but has since changed his position. He argued that executions are unnecessary when a life sentence without parole effectively keeps an inmate permanently behind bars, stating, "There is no need for executions when we can throw away the key."

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