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Florida Man Indicted on Charges of Sexually Abusing a Child Faces death Penalty

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A man from Florida has been indicted on multiple charges of sexually abusing a child, and his case could potentially mark the first instance of its kind where the death penalty is sought under a recently expanded capital punishment law.

The announcement came on Thursday from the Fifth Judicial Circuit State Attorney’s Office, revealing that Joseph Andrew Giampa, aged 36, had been indicted on six counts of sexual battery involving a child under the age of 12, as well as three counts of promoting a sexual performance by a child.

William Gladson, the State Attorney, stated in a news release that his office would be pursuing the death penalty for these alleged crimes due to their severity and their profound impact on the community.

In 1977, the U.S. Supreme Court ruled that the death penalty could not be applied in rape cases as it violated the Eighth Amendment’s prohibition on cruel and unusual punishment. Furthermore, in 2008, the Supreme Court reiterated in the case of Kennedy v. Louisiana that the death penalty was not permissible if the crime did not result in the death of the victim.

However, earlier this year, Florida lawmakers passed a bill that expanded the scope of crimes eligible for the death penalty to include those involving the sexual battery of children. The Orlando Sentinel reported that the bill argued that the Kennedy v. Louisiana decision had been wrongly decided and had unjustly limited the states’ authority to punish the most heinous offenses.

Joseph Andrew Giampa was arrested in November in Leesburg, Florida, after a police officer claimed to have witnessed a video depicting him sexually abusing a young boy, according to an arrest affidavit.

State Attorney William Gladson justified his decision to seek the death penalty by emphasizing the gravity of the charges and his office’s commitment to holding criminals accountable for their actions. He acknowledged the sensitivity of the matter, recognizing the impact it had on the community, and reaffirmed their unwavering dedication to ensuring justice and protecting the vulnerable.

Court documents have outlined four reasons put forth by prosecutors as to why they believe the death penalty is warranted for Giampa. These include his previous conviction for a capital felony, the alleged current crime being exceptionally brutal and cruel, and the fact that it was committed for pecuniary gain.

Governor Ron DeSantis expressed his support for the State Attorney’s decision, stating on Facebook, “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.”

As of now, Giampa’s attorney, Morris Dagoberto Carranza, could not be reached for comment.

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