Three Strikes and Habitual Offender Laws in North Dakota
How North Dakota law treats three strikes and habitual offender laws, from the state code and official state agencies.
Short answer: North Dakota has a habitual offender law rather than a mandatory 'three strikes' rule. A court may impose an extended sentence on an adult convicted of a felony who has two prior felony convictions (anywhere in the U.S.) for crimes committed at different times as an adult; N.D.C.C. 12.1-32-09(1)-(4)
| Three strikes and habitual offender laws | North Dakota has a habitual offender law rather than a mandatory 'three strikes' rule. A court may impose an extended sentence on an adult convicted of a felony who has two prior felony convictions (anywhere in the U.S.) for crimes committed at different times as an adult; the same extension is available for dangerous special offenders (for example, persistent aggressive behavior, professional criminals, repeat life-endangering offenses, or use of a firearm or dangerous weapon). The extended maximum is life imprisonment for a Class A felony, 20 years for a Class B felony and 10 years for a Class C felony. The prosecutor must file notice before trial or plea, and a hearing is held before sentencing; prior convictions that are invalid or pardoned on grounds of innocence are disregarded. Source: N.D.C.C. 12.1-32-09(1)-(4) |
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FAQ
Does North Dakota have a three strikes law?
North Dakota has a habitual offender law rather than a mandatory 'three strikes' rule. A court may impose an extended sentence on an adult convicted of a felony who has two prior felony convictions (anywhere in the U.S.) for crimes committed at different times as an adult; the same extension is available for dangerous special offenders (for example, persistent aggressive behavior, professional criminals, repeat life-endangering offenses, or use of a firearm or dangerous weapon). The extended maximum is life imprisonment for a Class A felony, 20 years for a Class B felony and 10 years for a Class C felony. The prosecutor must file notice before trial or plea, and a hearing is held before sentencing; prior convictions that are invalid or pardoned on grounds of innocence are disregarded.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.