Capital Human Trafficking: Florida’s New Crime Punishable By Death

September 10, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes, Violent Crimes Social Share

In Florida, there are currently three criminal offenses punishable by the death penalty:

• First-degree premeditated murder
• First-degree felony murder
• Capital sexual battery (defendant over 18, child under 12)

But starting October 1, 2025, there is a new offense that will be punishable by death in Florida: capital human trafficking. Though this law has not received much discussion, as it is so new, it is likely to have significant consequences for many criminal cases.

This blog will discuss the new crime of capital human trafficking created by SB 1804, including what must be proven for the death penalty to be imposed in a capital human trafficking case.

SB 1804 was signed into law by Gov. Ron DeSantis in June 2025 and takes effect in October 2025. The law makes it a capital felony (punishable by death) if someone is found guilty of:

• Knowingly initiating, organizing, planning, financing, directing, managing, or supervising a venture, which
• Subjects a child under 12 years old, or a person who is mentally defective or mentally incapacitated, to human trafficking for sexual exploitation

“Mentally defective” means that a person suffers from a mental disease or defect that renders them temporarily or permanently incapable of appraising the nature of his or her conduct. In re Standard Jury Instructions in Criminal Cases—Instructions 7.8, 7.8(a), 11.1–11.6(a), 190 So. 3d 1055 (Fla. 2016) 

“Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of:

• A narcotic, anesthetic, or intoxicating substance administered to that person without his or her consent, or 
• Due to any other act committed upon that person without his or her consent

Controversially, the law makes any “memorialized confessions or admissions” (recorded on video, audio, etc.) admissible against a defendant at a capital human trafficking trial. This could raise constitutional issues if applied broadly – as memorialized confessions or admissions are to be excluded if a defendant did not validly waive their Miranda rights (if in custody and being interrogated). 

If this is seen as a blanket policy of admitting all documented confessions of those charged with capital human trafficking, regardless of if this statement was obtained lawfully, this provision of SB 1804 is likely to come under serious legal scrutiny.

When someone is proven guilty of capital human trafficking beyond a reasonable doubt, they are either to receive mandatory life in prison without the possibility of parole or the death penalty. This makes capital human trafficking the second sex crime to be classified as a capital felony in Florida (after capital sexual battery) – a felony punishable by death.

Note: If found guilty of capital human trafficking, a defendant must be designated as a sexual predator under state law. 

A conviction for capital human trafficking under SB 1804 does not automatically mean someone will receive the death penalty. Under the law, the State must announce within 45 days of the defendant’s arraignment that they intend to seek the death penalty (if it is being pursued).

In all cases involving a charge of a capital felony, a jury of twelve members is to be impaneled (as opposed to the usual six). If someone is found guilty at trial and death is being sought during the subsequent “penalty phase” of the trial, there are a few conditions that must be satisfied before someone may receive capital punishment.

First, the jury must unanimously find that there are two or more “aggravating factors” that make the offense punishable by death. If the jury finds one or fewer aggravating factors listed by SB 1804, someone is not eligible for the death penalty for capital human trafficking – and must instead receive life in prison.

These aggravating factors (two or more of which must be found for a defendant to be eligible for capital punishment) are:

• The capital felony was committed by a person previously convicted of felony human trafficking and under sentence of imprisonment or placed on community control or on felony probation
• The defendant was previously convicted of another capital felony or of a felony involving the use or threat of violence to the person.
• The capital felony was committed by a person designated as a sexual predator or a person previously designated as a sexual predator who had the designation removed
• The capital felony was committed by a sexual offender required to register or a person previously required to register as a sexual offender who had that requirement removed
• The defendant knowingly created a great risk of death to one or more persons such that participation in the offense constituted reckless indifference or disregard for human life
• The defendant used a firearm or knowingly directed, advised, authorized, or assisted another to use a firearm to threaten, intimidate, assault, or injure a person in committing the offense or in furtherance of the offense
• The capital felony was especially heinous, atrocious, or cruel
• The victim of the capital felony was particularly vulnerable due to age or disability, or because the defendant stood in a position of familial or custodial authority over the victim
• The capital felony was committed by a person subject to an injunction or a foreign protection order accorded full faith and credit, and was committed against the petitioner who obtained the injunction or protection order or any spouse, child, sibling, or parent of the petitioner.
• The victim of the capital felony sustained serious bodily injury

Even if the jury finds two or more aggravators, the death penalty is not to be imposed unless the aggravating factors outweigh the mitigating circumstances.

Mitigating circumstances under the law include:

• The defendant has no significant history of prior criminal activity
• The capital felony was committed while the defendant was under the influence of extreme mental or emotional disturbance
• The defendant was an accomplice in the capital felony committed by another person, and the defendant’s participation was relatively minor
• The defendant was under extreme duress or under the substantial domination of another person
• The capacity of the defendant to appreciate the criminality of her or his conduct or to conform her or his conduct to the requirements of law was substantially impaired
• The age of the defendant at the time of the offense
• The defendant could not have reasonably foreseen that her or his conduct in the course of the commission of the offense would cause or would create a grave risk of death to one or more persons
• The existence of any other factors in the defendant’s background that would mitigate against imposition of the death penalty

If two or more aggravating factors are identified by the jury and these are found to outweigh the mitigating circumstances, the defendant becomes eligible for the death penalty. At least eight (8) out of 12 jurors must vote in favor of the death penalty for the defendant to receive it.

It is important to note that unanimity is required for the guilty verdict – all 12 must vote to convict. However, just eight jurors of the twelve can vote for capital punishment – so long as the jury unanimously finds two or more aggravators that outweigh the mitigating circumstances.

In sum, capital human trafficking under SB 1804 makes the sex trafficking of a child under 12 years old – or of a person who is “mentally defective” or “mentally incapacitated” – a crime punishable by death. This is a new capital crime in Florida, starting on October 1, 2025.

To receive capital punishment (the death penalty) under the law, someone must first be found guilty at trial by a unanimous jury of twelve. If the jury identifies two or more aggravators that outweigh the mitigating circumstances, the defendant becomes eligible for the death penalty. Eight or more out of 12 jurors must vote for capital punishment for the defendant to receive it.

If someone is arrested and formally charged with human trafficking in Florida, it is critical to find experienced and trusted legal representation as soon as possible. This decision could make the difference in whether or not someone faces a lengthy prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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