State Rep. Elijah Behnke is pushing a bill that could bring the death penalty back to Wisconsin after more than 170 years.
Behnke is co-sponsoring a bill with Sen. Chris Kapenga, a Republican from Waukesha County, that would allow for the courts to entertain the death penalty for someone convicted of any first-degree sex crimes involving children under the age of 12. It would also be an option for offenders where the sexual intercourse caused great bodily harm to a child under the age of 13.
The limitations for death penalty requests would require DNA evidence tying the convicted person to the crime, and district attorneys would have to provide notice of their intent to seek the death penalty. Any sentence for death would be subject to an automatic review by the Wisconsin Supreme Court.
Wisconsin was the first state to permanently ban capital punishment, putting the ban in place in 1853.
Behnke said in a phone interview with NEW Media that the chances of the bill being addressed this year are close to zero, as the Assembly adjourned its main session shortly after the State of the State address. He said that was fine, as he didn’t expect Gov. Tony Evers — who is not running for reelection — to sign the bill into law.
Despite the likelihood of waiting until 2027 to bring it forward, Behnke believes the bill needs to happen as a deterrent for adults to prey on children.
“As we’ve seen through the Epstein files, some sick people in this world take advantage of kids, and I just have zero tolerance for that evil,” Behnke said. “I do think we need to stand up for the most innocent in our society.”
Behnke said that the judge and jury have to see DNA evidence in order for the death penalty to be considered, noting that there have been plenty of people falsely accused of pedophilia, and that death should only be imposed on the guilty.
“I have always personally, even in high school, believed in the death penalty because of how much it costs for somebody to sit in our judicial system,” Behnke said. “The reason this legislation is narrow is because there have been too many falsely accused adults, whether it’s a teacher and there’s no DNA evidence, and I don’t want some loose and broad law that would allow a worker at Dairy Queen to accuse the boss of something, and then the boss is on death row, and he did nothing.”
Behnke believes the death penalty should also be applied to murder and other equally heinous crimes, even though other crimes aren’t up for consideration in this current legislation. He said he wants this bill to begin the process of bringing capital punishment back to the state and would support additional bills on what crimes would qualify for the death penalty.
“It’s something I 100% believe in,” Behnke said. “I just don’t think the current state government of today would be willing to pass this law. I would like it ready for prime time if we ever had the opportunity to pass something like that.”
Lines have to be drawn, he continued, about what qualifies for the death penalty. Behnke said he’d be in favor of it in cases where animals are neglected and left to starve, but he’d want something that proves the accused person committed the crime.
“I would consider this legislation to be one piece of the pie if we were going to broaden this to other crimes that are just evil or heinous,” Behnke said.
He noted that he had conversations with his wife, his pastor and others in his inner circle before he signed on to sponsor the legislation.
“On this issue, protecting kids, they all believe what I believe,” he said.
The Epstein files pulling back the curtain of the depravity of the elite in society has made child sex crimes a major topic of discussion around American dinner tables, in Behnke’s view, and he thinks that might make it easier for people who have shied away from the topic of capital punishment to see the consequence in a different light.
“It doesn’t matter which side of the aisle,” Behnke said. “There’s been billionaires protected, ambassadors to different countries, and then there’s Prince Andrew. I can’t even get into it because I just get so mad, and I don’t want to live a life of rage. There should be consequences for abusing the most vulnerable in our society.”
lpulaski@newmedia-wi.com
