- A Florida man could be the first to face the death penalty on charges related to the sexual abuse of a child
- Joseph Andrew Giampa, 36, was arrested in November and charged with sexual assault after allegedly abusing and filming a child
- This is the first time the death penalty has been brought forward by prosecutors on such a charge, after DeSantis signed a new bill into law in April.
A Florida man could become the first to receive the death penalty under DeSantis' new law, which lets prosecutors seek the death penalty for sex crimes against children.
Joseph Andrew Giampa, 36, has been hit with charges of sexual assault of a person under the age of 12 after allegedly filming himself abusing a child.
State's Attorney William Gladson's office has filed a notice of intent to seek the death penalty for Giampa, citing the “severity of the crime and its impact on the community.” Tampa Bay reported.
Gladson's office is using a law passed by Florida Governor DeSantis that allows the death penalty for child molesters.
Under legislation signed in April, a jury can recommend a death sentence for sexual abuse of a child under the age of 12 by a vote of at least 8-4.
Joseph Andrew Giampa, 36, has been hit with charges of sexual assault of a person under the age of 12 after allegedly filming himself abusing a child
The prosecutor is using a law passed by Florida Governor DeSantis that allows the death penalty for child molesters
In April, DeSantis said, “We authorize the death penalty for child molesters. I think you have some of these people who are going to be serial rapists of six, seven-year-old children.”
“I think the death penalty is the only appropriate punishment when you have such situations,” the presidential candidate told Orlando radio.
The bill – which went into effect on October 1 – passed with bipartisan support and was signed into law by DeSantis.
This is the first time in modern times that a Florida prosecutor has sought the death penalty for a charge other than murder.
“The decision to seek the highest penalty reflects the seriousness of the charges and the prosecutor's commitment to holding criminals accountable for their actions,” the prosecutor said.
Gladson's office listed four aggravating circumstances that they say qualify death as an appropriate punishment for Giampa's alleged crime.
Prosecutors argued the crime was committed for financial gain and say it was particularly heinous, heinous or cruel.
Giampa was arrested in November in Lake County, Florida.
An arrest affidavit states he was questioned by Lake County sheriff's deputies at his home on Nov. 2.
The alleged abuser showed officers his laptop, where he had a video described in the affidavit as depicting a man sexually abusing a child while recording the act.
Part of the video showed the man putting the camera down and moving in front of it, allowing police to identify the suspect as Giampa.
He has been held in the Lake County Jail since his arrest last month.
In April, DeSantis said, “We authorize the death penalty for child molesters. My view is that you have some of these people who are going to be serial rapists of six, seven-year-old children.”
In 1977, the U.S. Supreme Court ruled that punishing rape with the death penalty violated the Eighth Amendment rights of criminals, which protect citizens from cruel and unusual punishment.
In 2008, the U.S. Supreme Court again ruled in a 5-4 ruling that the Eighth Amendment's ban on cruel and unusual punishment prevented the death penalty for child molesters.
But DeSantis signed the law as part of his tough-on-crime campaign that he emphasized during his presidential campaign.
Florida's governor has condemned Democratic “soft-on-crime” policies and “woke up” ideology in other states as he advances his own vision of America.