Capital sex charge in Polk County could carry death penalty

In Polk County, Luis Angel Delgado-Baez is charged with a capital sex crime that occurred on October 26, 2023, making his case eligible for the death penalty under Florida's 2023 statute.

I previously posted about recent cases in which the defendants were charged under Florida’s new capital sex crime statute. (More on the new statute here.) While those charges were brought under the capital sex crime statute and are listed as “capital” on the docket, the State cannot seek the death penalty in those cases because the crimes occurred before October 1, 2023—when the new statute went into place.

Now, though, charges under the new statute that could carry the death penalty are beginning.

Photo of the Polk County courthouse in Bartow, Florida, built 1883-84 and used until 1908, downloaded from Florida Memory, a project of the State Library and Archives of Florida (http://www.floridamemory.com/items/show/137822)

In Polk County, Luis Angel Delgado-Baez is charged with a capital sex crime that occurred on October 26, 2023, making his case eligible for the death penalty under the new statute. Here are excerpts from the Probable Cause Affidavit:

The victim is 7.5 years old.

Per the statute, the State has 45 days from the date of Delgado-Baez’s arraignment to notify Delgado-Baez that it intends to seek the death penalty. Arraignment is set for December 12, 2023, making the State’s deadline January 26, 2024.

Delgado-Baez is not a registered sex offender per the FDLE registry.