Three Strikes and Habitual Offender Laws by State (2026)
How each state handles three strikes and habitual offender laws, from each state's code and official agencies.
| State | Three strikes and habitual offender laws |
|---|---|
| Alabama | Alabama's Habitual Felony Offender Act raises the sentence for anyone with prior Class A, B or C felony convictions. With one prior, a new Class C felony is punished as Class B, a Class B as Class A, and a Class A by 15 to 99 years or life. With two priors, a Class C is punished as Class A, a Class B by 15 to 99 years or life, and a Class A by life or not less than 99 years. With three priors, a Class C brings 15 to 99 years or life, a Class B life or not less than 20 years, and a Class A life or life without parole (life without parole is required if any prior was a Class A felony). A new Class D felony is punished as Class C after two prior Class A or B felonies or after any three prior felonies. Ala. Code 1975 § 13A-5-9(a)-(e) |
| Alaska | Alaska's 'three strikes' rule: a defendant convicted of an unclassified or class A felony who has been previously convicted of two or more 'most serious felonies' must be sentenced to a definite term of 99 years, which cannot be suspended. 'Most serious felony' means first-degree arson, first-degree sex trafficking under AS 11.66.110(a)(2), enticement of a minor under AS 11.41.452(e), any unclassified or class A felony in AS 11.41 (crimes against the person), or an attempt, conspiracy or solicitation of an unclassified AS 11.41 felony; each prior conviction must come before the next offense was committed. Separately, presumptive ranges rise with prior felonies: for a class A felony, 10 to 14 years for a second felony conviction and 15 to 20 years for a third; for a class B felony, 3 to 7 and 6 to 10 years; for a class C felony, 2 to 4 and 3 to 5 years. AS 12.55.125(l), (c)(3)-(4), (d)(3)-(4), (e)(2)-(3); AS 12.55.145(a)(2); AS 12.55.185 (most serious felony) |
| Arizona | Arizona's repetitive offender law gives longer prison ranges based on 'historical prior felony convictions': one prior makes a category two repetitive offender and two or more priors make a category three repetitive offender. For a category three offender the presumptive term is 15.75 years for a class 2 felony (14 to 28), 11.25 years for class 3 (10 to 20), 10 years for class 4 (8 to 12), 5 years for class 5 (4 to 6) and 3.75 years for class 6 (3 to 4.5). Separately, a person convicted of a serious offense after two or more prior serious offenses gets life with no release for at least 25 years, and a person convicted of a violent or aggravated felony after two or more such priors on separate occasions (within 15 years, excluding time in custody) gets life with commutation possible only after 35 years. A.R.S. §§ 13-703(B), (C), (J); 13-706(A)-(C) |
| Arkansas | Arkansas's habitual offender law extends prison ranges based on prior felonies. With more than one but fewer than four priors, the ranges become Class Y 10 to 60 years or life, Class A 6 to 50 years, Class B 5 to 30 years, Class C 3 to 20 years and Class D up to 12 years; with four or more priors, Class Y 10 years to life, Class A 6 to 60, Class B 5 to 40, Class C 3 to 30 and Class D up to 15 years. A person convicted of a listed serious felony involving violence with a prior such conviction faces 40 to 80 years or life (life without parole for rape or first-degree sexual assault of a victim under 14), and a felony involving violence after two or more such priors brings ranges up to life (Class Y: not less than life). Ark. Code § 5-4-501(a)-(d) |
| California | California's Three Strikes law applies when a person convicted of a felony has prior convictions for 'serious' or 'violent' felonies (listed in Penal Code 1192.7(c) and 667.5(c)) that are pled and proved. With one prior strike, the prison term for the new felony is doubled. With two or more prior strikes, the sentence is an indeterminate term of life imprisonment with a minimum term of the greatest of three times the normal term, 25 years, or the term the court would otherwise impose with enhancements. If the new felony is not itself serious or violent, a third-strike defendant gets the doubled 'second strike' term instead of 25-to-life unless the prosecution proves a listed exception (for example certain drug-weight allegations, felony sex offenses requiring registration, or use of or arming with a firearm). Separately, each prior serious felony adds a five-year enhancement when the new conviction is also a serious felony. Cal. Penal Code 667(a), (b)-(e) (also enacted by initiative as Penal Code 1170.12) |
| Colorado | Colorado's habitual criminal law has three tiers. A person convicted of a class 1 or 2 felony, a level 1 drug felony or a class 3 felony crime of violence who has two prior convictions for such offenses gets life imprisonment with no parole for at least 40 years. A person convicted of a class 1 to 5 felony or level 1 to 3 drug felony who has two prior felony convictions within 10 years gets three times the maximum of the presumptive range for that class (48 years for a level 1 drug felony). A person convicted of any felony with three prior felony convictions gets four times the maximum of the presumptive range (64 years for a level 1 drug felony). Prior convictions must come from separately brought and tried cases arising from separate criminal episodes, and some level 4 drug possession felonies are excluded. C.R.S. § 18-1.3-801(1)(a)-(c), (1.5), (2)(a)-(b) |
| Connecticut | Connecticut's repeat-offender law is called the persistent offender statute. A persistent dangerous felony offender (convicted of a listed violent crime such as manslaughter, arson, kidnapping, first- or second-degree robbery, first-degree assault, home invasion or first-degree burglary, after a prior prison term of more than one year for a listed crime) faces up to twice the normal maximum or 40 years, whichever is greater; with two prior such convictions and prison terms, the sentence can be up to life. A persistent serious felony offender (any felony after a prior prison term of more than one year) may be sentenced for the next more serious class of felony. A persistent felony offender (a felony other than class D or E after two prior such felonies within ten years) may also be sentenced one class higher, with at least 3 years that cannot be suspended or reduced. There are separate persistent-offender rules for sex offenses, larceny and drug possession. Conn. Gen. Stat. § 53a-40(a), (c), (g), (i), (k), (o) |
| Delaware | Delaware's habitual criminal law applies to a person convicted of a violent felony after two prior violent felony convictions, or of any felony after three prior felony convictions; on the State's petition the court may impose up to life. Mandatory minimums: after three prior felonies, a new first violent felony carries at least half the statutory maximum (30 years where the maximum is life); after two prior felonies including one violent felony, a new violent felony carries at least the statutory maximum; after two prior violent felonies, a third violent felony carries at least the statutory maximum. These minimums cannot be suspended, and certain habitual offenders may petition for sentence modification after serving the mandatory term. 11 Del. C. § 4214(a)-(f) |
| District of Columbia | D.C.'s repeat-offender law applies to a person convicted of a felony after two prior felony convictions on separate occasions: the court may impose a longer sentence than otherwise allowed, up to 30 years. If the person is convicted of a crime of violence after two prior crimes of violence (separate occasions), the court must impose at least 15 years and may impose up to life without possibility of release. Prior convictions from D.C., state, federal or territorial courts count; pardoned convictions do not. D.C. Code § 22-1804a(a)-(e) |
| Florida | Florida has several repeat-offender categories. A habitual felony offender (two or more prior felonies, with the new felony committed while under sentence or within 5 years) may get up to life for a first-degree felony, 30 years for second degree and 10 years for third degree. A habitual violent felony offender (a prior listed violent felony) gets the same maximums with no release for 15, 10 or 5 years. A three-time violent felony offender (two or more prior listed violent felonies) must receive mandatory minimums of life (life felony), 30 years (first degree), 15 years (second degree) or 5 years (third degree), with no early release. A violent career criminal (three or more prior adult convictions for listed offenses such as forcible felonies, plus other statutory criteria) gets life for a first-degree felony, up to 40 years with a 30-year minimum for second degree, and up to 15 years with a 10-year minimum for third degree. Fla. Stat. § 775.084(1), (4) |
| Georgia | Georgia's recidivist law has several tiers. A person previously convicted and sentenced to confinement for a felony who commits another felony must receive the longest sentence for the new offense, though the judge may probate or suspend it unless another law says otherwise. A second conviction for a 'serious violent felony' (as defined in § 17-10-6.1(a)) requires life without parole if death is not imposed. After three prior felony convictions, a fourth felony brings the maximum sentence the judge imposes, with no parole until the maximum is served (certain drug possession convictions are excluded from these rules). O.C.G.A. § 17-10-7(a)-(c), (b.1) |
| Hawaii | Hawaii's repeat offender law sets mandatory minimum prison terms without parole when a person with prior felony convictions is convicted of second-degree murder, a class A or B felony, or one of about 30 listed class C felonies (such as second-degree assault, burglary or theft). For second-degree murder the minimums are 10, 20 and 30 years for one, two, and three or more priors; for a class A felony 6 years 8 months, 13 years 4 months and 20 years; for a class B felony 3 years 4 months, 6 years 8 months and 10 years; and for a listed class C felony 1 year 8 months, 3 years 4 months and 5 years. A court may impose a lesser minimum for strong mitigating circumstances, with a written explanation. Haw. Rev. Stat. § 706-606.5(1), (2), (6), (7) |
| Idaho | Idaho's persistent violator law applies on a third felony conviction, counting prior felonies from Idaho or any other state. The person must be sentenced to at least 5 years in the custody of the state board of correction, and the term may extend to life. Idaho Code § 19-2514 |
| Illinois | Illinois has two repeat-offender laws. Habitual criminal ('three strikes'): a person twice convicted of an offense that is now a Class X felony, criminal sexual assault, aggravated kidnapping or first degree murder, who is then convicted of a Class X felony, criminal sexual assault or first degree murder, must be sentenced to natural life imprisonment; the third offense must be committed within 20 years of the first conviction (not counting time in custody), each offense must follow the conviction for the one before, and the first offense must have been committed at age 21 or older. Separately, a person over 21 convicted of a Class 1 or Class 2 forcible felony after two prior convictions for Class 2 or greater forcible felonies (first committed after February 1, 1978, each after conviction on the one before, first at age 21 or older) must be sentenced as a Class X offender (6 to 30 years). 730 ILCS 5/5-4.5-95(a), (b); 730 ILCS 5/5-4.5-25 |
| Indiana | Indiana's habitual offender law adds a nonsuspendible extra prison term rather than creating a separate crime. A person convicted of murder or a Level 1 through Level 4 felony is a habitual offender if they have two prior unrelated felony convictions, at least one of which is not a Level 6 or Class D felony; the added term is 8 to 20 years. A person convicted of a Level 5 felony qualifies with two such priors, and a person convicted of any felony qualifies with three prior unrelated felonies; for these, if a prior was a Level 5 or 6 (or Class C or D) felony, no more than 10 years may have passed since release from prison, probation or parole on one of the priors. For a Level 5 or Level 6 felony the added term is 3 to 6 years. Each prior must have been committed after sentencing for the one before, and set-aside or pardoned convictions do not count. IC 35-50-2-8(b)-(d), (f), (g), (i), (j) |
| Iowa | Iowa's habitual offender law applies to a person convicted of a class C or class D felony who has twice before been convicted of any felony in Iowa, another state or federal court. A habitual offender may be confined for up to 15 years and is not eligible for parole until serving at least 3 years. Iowa Code §§ 902.8, 902.9(1)(c) |
| Kansas | Kansas does not have a general 'three strikes' sentence; prior convictions instead raise a person's criminal history category on the sentencing grid, which lengthens the presumptive sentence. For sex crimes, an 'aggravated habitual sex offender' (a person convicted of a listed sexually violent crime after two or more prior sexually violent crime convictions) must be sentenced to life without the possibility of parole. A 'persistent sex offender' (a sexually violent crime with one prior such conviction, or rape with a prior rape conviction) receives double the maximum presumptive prison term. K.S.A. 21-6626, 21-6804(j) |
| Kentucky | Since July 15, 2024, Kentucky's persistent violent felony offender law requires life without probation or parole for a person convicted of a third violent felony (a felony that makes the person a 'violent offender' under KRS 439.3401); if the third felony is a capital offense, the sentence is death or life without parole. Separately, a persistent felony offender in the first degree (over 21, with two or more prior qualifying felonies, or a prior felony sex crime against a minor) faces 10 to 20 years if now convicted of a Class C or D felony, or 20 to 50 years or life if now convicted of a Class A or B felony; a persistent felony offender in the second degree (one prior felony) is sentenced in the range for the next higher class. Prior felonies count only if they meet timing rules, such as being on supervision or released within the last five years. KRS 532.029, 532.080 |
| Louisiana | Louisiana's habitual offender law raises the sentence for anyone convicted of a felony after an earlier felony. A second felony: a term of one-third to twice the longest term for a first conviction (two-thirds to three times, without parole, for repeat sex offenses; life without parole if both sex offenses involved victims under 13). A third felony: one-half to twice the longest term, or life without parole if all three are crimes of violence or sex offenses against a minor (in any combination). A fourth or later felony: at least the longest term for a first conviction and at least 20 years, up to life; 20 years to twice the longest term if none of the felonies is a crime of violence or sex offense; and life without parole if the fourth and two of the prior felonies are crimes of violence or sex offenses against a minor. A prior conviction does not count if more than five years (ten years for crimes of violence and sex offenses) passed between completing the earlier sentence and the new offense, not counting time in prison or on probation or parole. La. R.S. 15:529.1(A), (C) |
| Maine | Maine has no general 'three strikes' life sentence. Instead, when the State pleads and proves that a person had two or more prior convictions for crimes against the person, sexual assaults, sexual exploitation of minors, kidnapping or criminal restraint, robbery, sex trafficking and related crimes, or certain burglary and officer-assault crimes, a new crime in those groups is sentenced one class higher (for example, Class C, up to 5 years, becomes Class B, up to 10 years); for a Class A crime, the prior record gets special weight instead. Separately, a proven repeat sexual assault offender may be sentenced to any term of years. 17-A M.R.S. §1604(2)(B), (5)(B); §1604(1) |
| Maryland | Maryland's repeat offender law applies to 'crimes of violence' (such as murder, rape, robbery, carjacking, first-degree assault, home invasion and first-degree child abuse). A second crime of violence, after serving a term of confinement for the first, brings a mandatory minimum of 10 years that cannot be suspended. A third, after two separate prior convictions and at least one term of confinement, brings a mandatory minimum of 25 years that cannot be suspended. A fourth, after three separate terms of confinement for crimes of violence, requires life without the possibility of parole. Md. Code, Crim. Law §14-101(a)-(d) |
| Massachusetts | Massachusetts has two habitual offender rules. A person convicted of a felony who has two prior convictions with state or federal prison sentences of at least 3 years each is a habitual criminal and must receive the maximum term provided by law for the new felony. A person with two prior convictions for listed violent or sexual crimes (specific sections of chapters 265, 266 and 272), each with a prison sentence of at least 3 years, who commits a third listed crime must receive the maximum term for that crime, with no reduction, suspension, probation, parole, work release, furlough or good-conduct credit. Juvenile adjudications do not count for the second rule, and a pardon on grounds of innocence removes a prior. G.L. c. 279, §25(a)-(c) |
| Michigan | Michigan's habitual offender laws raise the maximum sentence for repeat felons. Second felony: up to 1.5 times the longest term for a first conviction (or life, if the new felony carries life). Third felony: up to twice the longest term (or life). Fourth or later felony: up to life if the new felony carries 5 years or more, or up to 15 years if it carries less than 5 years. A fourth-offense conviction for a listed 'serious crime' (specified violent and sexual offenses against a person) carries a mandatory minimum of 25 years when at least one prior is a 'listed prior felony.' Major drug offenses are sentenced under the Public Health Code instead. MCL 769.10, 769.11, 769.12 |
| Minnesota | Minnesota's repeat offender law for 'violent crimes' (a list of felonies that includes first-degree murder and other homicide, assault, sexual and serious drug crimes): a person convicted of a violent felony with two or more prior violent felony convictions must receive at least the presumptive Sentencing Guidelines prison term, executed in prison, with no probation, parole, discharge or work release until the full term is served. The judge may also go up to the statutory maximum for a dangerous offender (age 18 or older, two or more prior violent crimes, and found to be a danger to public safety), and for a person with five or more prior felonies whose new felony is part of a pattern of criminal conduct. Minn. Stat. §609.1095, subds. 1-4 |
| Mississippi | Mississippi has two habitual-offender laws. A person convicted of a felony who has two prior felony convictions (state or federal), from separate incidents, each with a sentence of one year or more, must get the maximum prison term for the new felony unless the judge explains in the sentencing order why not, and is not eligible for parole or probation. If the person actually served at least one year on each of the two prior felonies and one of them was a 'crime of violence' under § 97-3-2, the sentence is life imprisonment, with no reduction, suspension, parole, probation or other early release. Miss. Code Ann. §§ 99-19-81, 99-19-83 |
| Missouri | Missouri does not have a fixed 'three strikes' life sentence; it uses extended terms for repeat offenders. A 'prior offender' has one earlier felony, and a 'persistent offender' has two or more felonies committed at different times or one earlier 'dangerous felony.' A 'dangerous offender' is someone being sentenced for a felony in which they knowingly killed or endangered a life or inflicted or threatened serious injury, who already has a class A or B felony or dangerous felony. A persistent or dangerous offender found guilty of a class B, C, D or E felony must be sentenced within the range for the next-higher class (for example, a class C felony is sentenced as a class B felony, 5 to 15 years). Prior convictions must be pleaded and proven beyond a reasonable doubt before sentencing. RSMo §§ 558.016.2-.4, .7, 558.021, 558.011 |
| Montana | Montana has two repeat-offender laws. A 'persistent felony offender' is someone being sentenced for a third felony who has two earlier felonies (each punishable by more than 1 year) and committed the new offense within 5 years of the last conviction or release; at least one of the three must be a sexual or violent offense. If 21 or older, the person gets 5 to 100 years and/or up to $50,000, with the first 5 years not suspendable, or 10 to 100 years if already a persistent offender at the last conviction and within 5 years. Separately, a second conviction for deliberate homicide, aggravated kidnapping, sexual abuse of children, ritual abuse of a minor or aggravated sexual intercourse without consent, or a third conviction from a list that adds mitigated deliberate homicide, aggravated assault, partner strangulation, kidnapping, robbery and child sex trafficking, requires life in prison without parole or early release, unless the death penalty is imposed. MCA §§ 46-1-202(18)-(19), 46-18-502, 46-18-219 |
| Nebraska | Nebraska's habitual criminal law applies to someone convicted of a new felony who has twice before been convicted, sentenced and sent to prison for terms of at least one year each. The sentence is a mandatory minimum of 10 years and a maximum of 60 years. If the new felony and at least one prior are serious violent or sexual offenses listed in the statute (including first- and second-degree murder, first-degree assault, first-degree sexual assault and first-degree assault on an officer), the mandatory minimum is 25 years. If the new felony and all priors are simple drug possession or theft offenses, the range is a 3-year mandatory minimum to 20 years. Habitual-criminal status must be charged and proven at a separate hearing. Neb. Rev. Stat. § 29-2221(1)-(2) |
| Nevada | Nevada has three habitual-offender laws. Under the general habitual criminal law, a person convicted of any felony who has five prior felony convictions is punished for a category B felony (5 to 20 years), and one with seven prior felony convictions is punished for a category A felony (life without parole, life with parole eligibility after 10 years, or a definite 25-year term with parole eligibility after 10 years); certain simple drug possession convictions cannot be counted, the prosecutor decides whether to charge it, and the judge may dismiss the count. Under the 'habitual felon' law, a person convicted of a listed violent or serious felony (such as murder, sexual assault or robbery) after two prior listed felonies must be charged and gets the same category A sentence. A person convicted a third time of a fraud felony against an older or vulnerable person is a 'habitually fraudulent felon' facing 5 to 20 years. NRS 207.010(1), 207.012, 207.014 |
| New Hampshire | New Hampshire has no automatic 'three strikes' law; repeat offenders may get an extended term. If the court finds the person has twice before been convicted (in New Hampshire or elsewhere) on sentences of more than one year, and the defendant got written notice at least 21 days before jury selection, the judge may impose an extended term: for most felonies, a minimum of up to 10 years and a maximum of up to 30 years; for a misdemeanor, up to 2 to 5 years; for manslaughter, up to 20 to 40 years; for murder, life. Repeat sex offenses carry mandatory terms: two or more aggravated felonious sexual assault convictions bring life without parole, and a third felonious sexual assault conviction brings life imprisonment. RSA 651:6, II(a), III |
| New Jersey | Yes. New Jersey's 'three strikes' law requires life imprisonment without parole for a person convicted of murder, aggravated manslaughter, first-degree kidnapping, aggravated sexual assault (listed forms), robbery or carjacking who has two or more prior convictions, on separate occasions, for any of those crimes (or substantially equivalent crimes elsewhere). A person convicted of a listed second- or third-degree violent crime (such as second-degree robbery, second-degree burglary or aggravated assault) with two or more prior convictions for listed violent crimes must receive an extended term under 2C:43-7. The law applies only if the new crime was committed within 10 years of the last release from confinement or of the most recent prior crime, and only after a hearing on written notice. 'Life' means natural life, but a person 70 or older who has served at least 35 years must be paroled if the full Parole Board finds the person is not a danger. N.J.S. 2C:43-7.1(a)-(e) |
| New Mexico | New Mexico has two repeat-offender laws. Habitual offender: a person convicted of a noncapital felony with one prior felony conviction has the basic sentence increased by one year (which may be suspended only if both felonies were nonviolent and the court makes specific findings); with two prior felonies, by four years; and with three or more, by eight years, which cannot be suspended or deferred. A prior counts only if less than ten years have passed since the person finished the sentence, probation or parole for it, and felony DWI convictions do not count. 'Three strikes': a person convicted of a third violent felony (first- or second-degree murder; shooting at or from a vehicle, kidnapping or armed robbery causing great bodily harm; or listed criminal sexual penetration offenses), each from a separate occurrence, must receive life imprisonment, with parole possible; felonies committed before age 18 do not count. NMSA 1978, 31-18-17(A)-(D); 31-18-23(A)-(E) |
| New York | New York has two repeat-offender laws. A persistent violent felony offender (convicted of a violent felony after two or more prior violent felony convictions) must receive an indeterminate sentence with a maximum of life imprisonment; the minimum must be at least 20 years for a class B felony, 16 years for a class C and 12 years for a class D (in each case not more than 25 years). For crimes covered by the version effective September 1, 2027, those minimums become at least 10, 8 and 6 years. A persistent felony offender (any felony after two or more prior felony convictions) may, if the court finds extended incarceration and lifetime supervision best serve the public interest, be sentenced as for a class A-I felony (up to life). N.Y. Penal Law 70.08(1)-(3); 70.10(1)-(2) |
| North Carolina | Yes, two laws. A habitual felon is someone with three prior felony convictions (each committed after the conviction for the one before; felonies committed before age 18 count as no more than one, and pardoned felonies do not count). A habitual felon convicted of a new felony is sentenced four classes higher than the new felony, but never higher than Class C. A violent habitual felon is someone with two prior violent felony convictions; on conviction of another violent felony, the sentence must be life imprisonment without parole (unless death is imposed). G.S. 14-7.1; G.S. 14-7.6; G.S. 14-7.7; G.S. 14-7.12 |
| North Dakota | 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. N.D.C.C. 12.1-32-09(1)-(4) |
| Ohio | Ohio uses a 'repeat violent offender' specification rather than a classic three-strikes law. When the indictment charges the specification and the court finds the offender is a repeat violent offender, and the current offense is murder, aggravated murder or terrorism (without a death or life-without-parole sentence), a first-degree violent felony, or a second-degree violent felony involving serious physical harm or an attempt or threat of it, the court may add 1 to 10 years on top of the longest prison term for the offense if the usual term is inadequate. The court must impose the longest term plus an additional 1 to 10 years if the offender has been convicted of three or more qualifying violent offenses (counting the current case) within the preceding twenty years. These added terms may not be reduced under the judicial-release statute (R.C. 2929.20) or certain other listed provisions. R.C. 2941.149; R.C. 2929.14(B)(2)(a)-(d) (eff. April 9, 2025) |
| Oklahoma | Oklahoma's habitual-offender law lets the district attorney seek a longer sentence for a new crime committed within 10 years after finishing a felony sentence. With one prior felony, a listed violent offense punishable by more than 5 years carries 10 years to life, and other offenses punishable by more than 5 years carry twice the first-offense minimum to life (or 2 years to life if there is no minimum). With two prior felonies, a new listed violent felony carries 20 years to life, and any other new felony carries three times the first-offense minimum to life (or 4 years to life). The prior felonies cannot arise from the same incident, and a prior conviction for simple drug possession cannot be used. 21 O.S. § 51.1(A)-(D) |
| Oregon | Oregon has no general three-strikes law, but it has repeat-offender rules for certain crimes. A felony sex crime carries a presumptive sentence of life without parole if the person has already been sentenced for felony sex crimes at least twice (a judge may depart for substantial and compelling reasons). A person convicted of a major felony sex crime (first-degree rape, sodomy or unlawful sexual penetration, or using a child in a display of sexually explicit conduct) with a previous such conviction gets a mandatory minimum of 25 years. A 'dangerous offender' with a severe personality disorder may receive up to 30 years for certain violent felonies. ORS 137.719, 137.690, 161.725 |
| Pennsylvania | Pennsylvania's repeat violent offender law sets mandatory minimums for 'crimes of violence' (including third-degree murder, voluntary manslaughter, rape, aggravated assault causing or attempting serious injury, robbery and kidnapping, among others). A second crime of violence carries at least 10 years of total confinement; a third (after two prior convictions from separate transactions) carries at least 25 years, and the court may impose life without parole if 25 years is insufficient to protect the public. The maximum must be twice the mandatory minimum, and probation or a lesser sentence is not allowed. 42 Pa.C.S. § 9714(a), (a.1), (e), (g) |
| Rhode Island | Rhode Island's habitual criminal law applies to a person who has two or more prior felony convictions from separate incidents, was sentenced to prison on two or more occasions, and is then convicted of any offense punishable by more than one year. If the attorney general files notice and a judge finds the person is a habitual criminal, the court adds a consecutive sentence of up to 25 years and sets a minimum number of years before parole eligibility. A prior conviction later pardoned on the ground of innocence does not count. R.I. Gen. Laws § 12-19-21 |
| South Carolina | South Carolina's repeat-offender law requires life without parole (unless death is imposed) for a person convicted of a 'most serious offense' (such as murder, kidnapping, criminal sexual conduct, armed robbery, first-degree burglary or first-degree arson) who has one or more prior convictions for a most serious offense, or two or more prior convictions for a 'serious offense'. It also requires life without parole for a conviction of a 'serious offense' (which includes any offense punishable by 30 years or more and other listed felonies such as drug trafficking and first-degree domestic violence) when the person has two or more prior serious or most serious offense convictions. Federal and out-of-state equivalents count. S.C. Code § 17-25-45(A)-(C) |
| South Dakota | South Dakota's habitual offender law raises the class of a new felony based on prior felony convictions. With one or two prior felonies, the new felony is raised one class (but no higher than a Class C felony, which carries up to life). With three or more prior felonies including at least one crime of violence, the new felony is punished as a Class C felony. With three or more prior felonies none of which was violent, the new felony is raised two classes (capped at Class C), and the person remains eligible for parole if the sentence is less than life. SDCL 22-7-7, 22-7-8, 22-7-8.1 |
| Tennessee | Tennessee's 'repeat violent offender' law requires a sentence of life without the possibility of parole when the court finds beyond a reasonable doubt that the defendant qualifies. The tiers are: a conviction for a listed violent offense (such as first or second degree murder, especially aggravated kidnapping or robbery, aggravated rape, rape of a child, aggravated arson, rape, aggravated robbery or aggravated child abuse) with at least two prior convictions for listed violent offenses; or, for the most serious listed offenses (such as first or second degree murder, especially aggravated kidnapping or robbery, aggravated rape, rape of a child and aggravated arson), with at least one prior conviction for a listed violent offense. Tenn. Code Ann. § 40-35-120(a)-(d), (g) |
| Texas | Texas's habitual offender law: if a person on trial for a felony (other than a state jail felony punished under § 12.35(a)) has two prior felony convictions, and the second prior offense happened after the first conviction became final, the punishment is life or 25 to 99 years in prison. With one prior felony conviction the offense is punished one degree higher (a third-degree felony as second degree, a second-degree felony as first degree), and a first-degree felony carries life or 15 to 99 years. Life is mandatory for certain repeat sex offenses, such as a second conviction for aggravated sexual assault or sexual assault after a listed prior sex-offense conviction. Tex. Penal Code § 12.42(a)-(d) |
| Utah | Utah's habitual violent offender law applies to a person convicted of a violent felony (such as homicide, aggravated assault, kidnapping, rape, robbery, arson or abuse of a vulnerable adult) who on at least two previous occasions was convicted of a violent felony and committed to prison. If the jury or judge finds this beyond a reasonable doubt, a second or third degree felony is punished as a first degree felony (at least five years and up to life), and for a first degree felony the person is not eligible for probation and the Board of Pardons and Parole must treat the status as an aggravating factor. The prosecutor must give notice in the charging document. Utah Code § 76-3-203.5(1)(b), (1)(c), (2), (3) |
| Vermont | Vermont's habitual criminal law allows a sentence of up to life in prison for a person who commits a felony (other than murder) after having been convicted three times of felonies or attempted felonies in Vermont, or of crimes elsewhere that would be felonies in Vermont. The life term is allowed, not required. 13 V.S.A. § 11 |
| Virginia | Virginia's three-strikes law requires life imprisonment, with no part suspended, for a person convicted of a third or later 'act of violence' after two earlier separate convictions for acts of violence, if the person was at liberty between each conviction. Acts of violence include first and second degree murder and voluntary manslaughter, mob-related felonies, kidnapping or abduction felonies, malicious wounding, robbery and carjacking, most felony sexual assaults, and arson of an occupied structure (plus conspiracy and accessory forms). Similar convictions from other states or federal court count. Va. Code § 19.2-297.1(A), (B) |
| Washington | Washington's 'persistent offender' (three strikes) law requires life in prison without the possibility of release for an offender convicted of a 'most serious offense' who has at least two prior separate convictions for most serious offenses (in Washington or elsewhere). A two-strikes rule applies to certain sex offenses: a conviction for first or second degree rape, first or second degree rape of a child, first degree child molestation, indecent liberties by forcible compulsion, or listed violent crimes with sexual motivation, after one prior conviction for such an offense, also brings life without release. Persistent offenders are not eligible for early release programs. RCW 9.94A.570; RCW 9.94A.030(38) |
| West Virginia | West Virginia's recidivist law covers a list of about 90 'qualifying offenses' (for example murder, robbery, burglary, grand larceny, sexual assault, felony drug delivery, third-offense DUI). On conviction of a qualifying offense with one prior conviction punishable by prison, the court adds five years to a definite sentence (or doubles the minimum of an indeterminate sentence). With two prior convictions for offenses with the same or substantially similar elements as a qualifying offense, the sentence is life in prison; prior convictions from the same transaction count as one, and the most recent prior is not counted if more than 20 years passed between release or end of supervision and the new conduct. A person convicted of first or second degree murder or first degree sexual assault who has a prior conviction for one of those offenses gets life without parole eligibility. W. Va. Code § 61-11-18(a)-(d) |
| Wisconsin | Wisconsin has two laws. Repeater: a person convicted of a felony in the 5 years before the new crime (or of misdemeanors on 3 separate occasions in that time, not counting time in confinement) faces a higher maximum: a maximum of 1 year or less may rise to 2 years; a maximum over 1 and up to 10 years may rise by up to 4 years with a prior felony (2 years for misdemeanors); a maximum over 10 years may rise by up to 6 years with a prior felony (2 years for misdemeanors). Persistent repeater ('three strikes'): a person convicted of a listed 'serious felony' after 2 or more prior serious felony convictions on separate occasions, or of a 'serious child sex offense' after one prior such conviction ('two strikes'), is sentenced to life imprisonment without the possibility of parole or extended supervision. Wis. Stat. § 939.62(1), (2), (2m) |
| Wyoming | A person convicted of a violent felony who has two or more prior felony convictions, charged and tried separately and arising from separate occurrences, is a 'habitual criminal.' With two prior convictions the sentence is 10 to 50 years in prison; with three or more prior convictions for offenses committed after age 18, the sentence is life imprisonment. The law does not affect a death sentence or life without parole where those apply. W.S. 6-10-201, 6-10-202 |
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.