FL Man In Child Sex Abuse Case Faces Death Penalty Under New Law

LAKE COUNTY — A Leesburg man who was recently indicted after being accused of sexually abusing a child is facing the death penalty under a new Florida law that went into effect on Oct. 1, according to State Attorney Bill Gladson and a media report.

Gladson said Thursday Joseph Andrew Giampa, 36, was indicted on six counts of sexual battery upon a person under 12 years of age and three counts of promoting a sexual performance by a child. He was reportedly arrested in November in Lake County.

"Given the severity of the crime and its impact on the community, the Fifth Judicial Circuit State Attorney’s Office has filed a notice that it intends to seek the death penalty pursuant to Florida Statutes 794.011(2)(a) and 921.1425," Gladson said in a news release.

After a 1977 U.S. Supreme Court ruling that applying the death penalty to rape cases violated the Eighth Amendment, the court ruled in 2008 that the death penalty was unconstitutional in child rape cases where a victim did not die, the Orlando Sentinel reported Thursday.

However, a Florida bill was passed in the spring that allowed the death penalty for the sexual battery of a child, the outlet reported. Gov. Ron DeSantis later signed the bill into law, and it took effect on Oct. 1.

Giampa's case could be unique since the new law was passed and could potentially trigger constitutional challenges, the Sentinel reported.

DeSantis said Thursday he is supporting Gladson's decision to seek the death penalty against Giampa.

"It will be the first case to challenge SCOTUS since I signed legislation to make pedophiles eligible for the death penalty," DeSantis said in a statement.

Gladson said his choice mirrors the severity of the case and expressed remaining steadfast in his option to seek the death penalty.

"The decision to pursue the highest penalty reflects the gravity of the charges and the State Attorney’s Office’s dedication to holding criminals accountable for their actions," he said in the release. "The State Attorney's Office acknowledges the sensitivity of this matter and the impact it has on the community. Our commitment to ensuring justice and protecting the vulnerable remains unwavering."