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Wed May 24, 2006

Bill allows death penalty for sex crimes against children

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By The Associated Press
OKLAHOMA CITY - A bill to allow the death penalty to be assessed against a person who commits a second sex offense against a child under 14 years old passed the state Senate on Wednesday.

The measure heads to the House and will go to the governor if passed by Friday's adjournment deadline. Gov. Brad Henry has not indicated whether he will sign the measure.

Sen. Jay Paul Gumm, D-Durant, introduced a similar bill earlier in the session. It passed the Senate, but died in a House committee.

Sen. Jonathan Nichols, R-Norman, resurrected the measure in another bill and easily passed it in committee and on the Senate floor on Wednesday.

The new proposal outlines specific crimes that on a second offense against a child under 14 could subject a person to life in prison or the death penalty.

They are anal or oral sodomy, rape, rape by instrumentation and lewd molestation.

Gumm said the bill provided "proportional punishment" for someone who "has killed a child's soul" through sexual attacks.

"Forgiveness is impossible without justice and today we are upholding justice for our children," he said.

Nichols, a former prosecutor, defended the death penalty for heinous crimes against children and said he believes the bill will be upheld as constitutional.

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