Florida man faces the DEATH PENALTY after sexually abusing a child and filming it in first case of its kind under Gov. Ron DeSantis' new law

A Florida man could become first to face the death penalty under DeSantis's new law allowing prosecutors to seek capital punishment for sex crimes against children. 

Joseph Andrew Giampa, 36, has been hit by charges of sexual battery of a person younger than 12 after he allegedly videoed himself abusing a child.

The office of State Attorney William Gladson filed a notice of intent to seek the death penalty for Giampa, citing the 'severity of the crime and its impact on the community, Tampa Bay reported.

Gladson's office is making use of a law pushed by Florida Governor DeSantis that authorizes the death penalty for child rapists.

Under the legislation, signed in April, a jury can recommend a death sentence for sexual battery on a child under 12 in a vote of at least 8-4.  

In April DeSantis said: 'We are authorizing the death penalty for child rapists. My view is you have some of these people that will be serial rapists of six, seven-year-old kids.'

'I think the death penalty is the only appropriate punishment when you have situations like that,' the Presidential candidate told Orlando radio state.

The bill - which went into effect October 1 - passed with bipartisan support and was signed into law by DeSantis.  

This is the first time a prosecutor has sought capital punishment in Florida for a charge other than murder in modern times. 

'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,' the prosecutor's statement read. 

Gladson's office cited four aggravating circumstances that they believe qualify death as an appropriate punishment for Giampa's alleged crime.

Prosecutors argued that the crime was committed for pecuniary gain and say that it was especially heinous, atrocious or cruel.

Giampa was arrested in November in Lake County, Florida.

An arrest affidavit states that he was questioned at his home on November 2 by Lake County Sheriff's deputies.

The alleged abuser showed deputies his laptop computer - where he had a video which the affidavit describes as depicting a man sexually abusing a child while recording the act.  

Part of the video showed the man putting the camera down and moving in front of it - which enabled police to identify the suspect as Giampa. 

He has been held in the Lake County Jail since his arrest last month.

In 1977 the U.S. Supreme Court ruled that punishing rape with the death penalty violated criminal's Eighth Amendment rights - which protect citizens again cruel and unusual punishment.

Again in 2008, in a 5-4 ruling, the U.S. Supreme Court held that the Eighth Amendment's ban on cruel and unusual punishment prevented the death penalty for child rapists. 

But DeSantis signed the law into effect as part of his tough-on-crime agenda which he's been pushing throughout his presidential campaign. 

The Florida governor has slammed Democratic 'soft-on-crime' policies and 'woke ideology' in other states as he pushes his own vision for America.