MS HB1293

Creates the crime of "capital rape" when an adult 18 or older sexually assaults a child under 12 years of age and causes damage to the child's sexual organs

Authorizes punishment of death or life imprisonment for capital rape convictions

Requires prosecutors seeking the death penalty to file notice within 45 days of arraignment listing aggravating factors they intend to prove

Establishes 8 aggravating factors that can support a death sentence, including prior felony convictions, being a registered sex offender, use of a firearm, and when the crime was "especially heinous, atrocious, or cruel"

Specifies 7 mitigating circumstances for sentencing consideration, including no significant criminal history, extreme mental disturbance, and substantial impairment of capacity to appreciate criminality