Alabama has enacted a new law making child rape a capital offense, allowing prosecutors to seek the death penalty in certain cases involving the rape of a child.

Governor Kay Ivey signed the legislation into law this week. Supporters of the measure say it strengthens protections for children and reflects the severity of crimes involving sexual violence against minors. Lawmakers backing the bill argued the change gives prosecutors another tool in the most serious cases and sends a strong message about the state’s commitment to protecting children.

The law expands Alabama’s capital punishment statutes to include specific non-homicide offenses involving children. Previously, the death penalty in Alabama was reserved primarily for murder cases meeting certain aggravating circumstances.

Opponents and some legal scholars have raised concerns about potential constitutional challenges. The U.S. Supreme Court ruled in Kennedy v. Louisiana (2008) that the death penalty for child rape where the victim did not die violated the Eighth Amendment. Legal experts expect the new Alabama law could face court scrutiny based on that precedent.

Alabama joins a small number of states that have considered or passed similar legislation expanding capital punishment eligibility for crimes against children.