A man in Florida could be the first to be put to death under a new law that expanded capital punishment to those convicted of sex crimes against children.
Joseph Andrew Giampa, 36, was indicted Thursday on six counts of sexual battery against a child under 12 years old and three counts of promoting a sexual performance by a child, the 5th Judicial Circuit State Attorney’s Office announced.
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The office of State Attorney William Gladson announced it would seek the death penalty for Giampa, citing the “severity of the crime and its impact on the community,” according to a release from the office.
“The decision to pursue the highest penalty reflects the gravity of the charges and the State Attorney’s Office’s dedication to holding criminals accountable for their actions,” the release read.
“The State Attorney’s Office acknowledges the sensitivity of this matter and the impact it has on the community. Our commitment to ensuring justice and protecting the vulnerable remains unwavering,” it continued.
Giampa’s potential death sentence would be the product of legislation passed in Florida that contradicts multiple rulings from the Supreme Court, including Kennedy v. Louisiana, which ruled that the death penalty is prohibited when a crime does not result in a victim’s death.
“The Legislature further finds that Buford v. State of Florida, 403 So. 2d 943 (Fla. 1981), was wrongly decided, and that Kennedy v. Louisiana, 554 U.S. 407 (2008), was wrongly decided and an egregious infringement of the states’ power to punish the most heinous of crimes,” Florida Statue 921.1425 reads.
Giampa was taken into custody in November and is accused of sexually abusing a young boy.
“As legal proceedings unfold, our office asks for respect for the legal process and the privacy of those involved,” the release from Gladson’s office read. “We will continue to work diligently to bring this case to a just resolution.”
Gov. Ron DeSantis (R-FL) backed Gladson’s decision to seek the death penalty.
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“Today, the State’s Attorney for the Fifth Judicial Circuit announced that they will seek the death penalty in a case of sexual battery against a child under age 12,” DeSantis said in a statement posted to social media. “It will be the first case to challenge SCOTUS since I signed legislation to make pedophiles eligible for the death penalty.”
“The State’s Attorney has my full support,” the governor said.
