East Baton Rouge District Attorney Hillar Moore is considering pursuing the death penalty against a man accused of raping a 4-year-old child.

The U.S. Supreme Court ruled in 2008 that the Eighth Amendment barred states from imposing the punishment when the rape didn't result, or wasn't intended to result, in a child's death. But Louisiana Attorney General Liz Murrill announced Tuesday she would fully support Moore if he pursues the death penalty against Anthony James Jelks Jr. and is prepared to challenge the high court's earlier ruling.

Jelks, 25, turned himself into Baton Rouge Police on Monday and was booked into the East Baton Rouge Parish Prison on one count of first degree rape of a victim younger than 13.

On Aug. 5 , the victim's guardian brought the child to a local hospital af

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