SB 1697 - This act shall be known and may be cited as the "Anti-Epstein Child Protection Act". This act provides that the death penalty may be sought for the offenses of statutory rape in the first degree and sexual trafficking of a child in the first degree. If the death penalty is not waived by the state, the trial shall proceed in two stages before the same trier of fact. In the first stage, the trier shall determine whether the defendant is guilty. In the second stage, if the trier found the defendant guilty of statutory rape in the first degree or sexual trafficking of a child in the first degree, the trier shall assess and determine the punishment. If the trier finds by a preponderance of the evidence that the defendant is intellectually disabled, there is a mitigation of punishment, or the trier decides not to declare a punishment of death, then a punishment at life imprisonment without eligibility for parole shall be declared. If the trier is a jury and it is unable to decide upon the punishment, the judge shall determine the punishment. This act shall only apply to offenses committed on or after August 28, 2026. This act is identical to SB 196 (2025) and SB 951 (2024). TRISTAN BENSON, JR.

2026 Regular Session Introduced by Nick Schroer

Missouri bill authorizes death penalty for child sexual abuse offenses, likely conflicting with federal constitutional precedent prohibiting execution for non-murder crimes.

Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee

Legislative bill overview

SB 1697 would authorize capital punishment (the death penalty) for sexual offenses involving children in Missouri. The bill expands the list of crimes eligible for execution, which currently does not include sex crimes. This represents a significant change to Missouri's capital punishment law and criminal sentencing framework.

Why is this important

Capital punishment is the most severe legal penalty a state can impose, and its application directly affects both criminal justice policy and victims' families. This bill would make Missouri one of very few U.S. jurisdictions allowing execution for crimes other than murder, with substantial implications for how the state prosecutes and sentences offenders convicted of child sexual abuse.

Potential points of contention

Constitutional concerns: The U.S. Supreme Court ruled in Kennedy v. Louisiana (2008) that executing offenders for non-homicide crimes (including rape) violates the Eighth Amendment's prohibition on cruel and unusual punishment. This bill would likely face immediate federal legal challenges.

Victim perspectives differ: While some victim advocates support maximum penalties for child sexual abuse, others question whether execution is necessary for justice or if life sentences without parole adequately protect society and provide closure.

Implementation and finality: Death penalty cases require extensive appellate review and legal resources. Critics argue these costs could be redirected to child protection services, victim support, or prosecution of other serious crimes.