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Can Texas no longer impose the death penalty for raping a small child since the Supreme Court ruled that Louisiana could not do this?
Wiki User
∙ 14y ago
Answer
No, Texas does still follow capital punishment in Texas for this matters.
Answer
No, Texas cannot impose the death penalty for rape absent murder. Supreme Court rulings are intended to apply to all states, not the specific states where such laws are challenged.
In 2007, Texas enacted legislation making the second conviction for rape of a child under 14 a capital offense; however, the US Supreme Court held, in Kennedy v. Louisiana, 554 US ___ (2008), that it is unconstitutional to impose capital punishment for the crime of child rape when the child does not die, or is not intended to die. This ruling extended an earlier decision in Coker v. Georgia, (1977) that eliminated capital punishment for rape, but did not include specific language addressing child rape. The decision in Kennedy overturned death penalty laws for child rape in the six states that had passed such laws.
At present, the only crimes for which capital punishment is permitted in the US are capital murder (usually requires aggravating circumstances, which vary by state) and crimes against the state, such as espionage and treason.
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∙ 14y ago
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