Other States

Don't let the disease spread to your state

The first state to enact a "3-strikes law" was the state of Washington (effective 12/2/93) and then California followed shortly after (3/7/94). Since then, there have been about 35 states identified with established "strikes" laws in the United States.

The vast majority of states have enacted "strikes" laws that provide that all strikes must be "serious" or "violent."

California, however, being proud to be different, a trendsetter and pushed by the emotional Polly Klaas case, enacted a much broader statute such that "any felony" can be used for the triggering third offense. Also, the broadness of the California statute includes a minimum of 25 years-to-life, juvenile adjudications of 16 and 17 year-olds, and provides for no "wash-out" period (a time period disallowing sufficiently stale prior strikes). In addition, the California statute was made "discretionary" for judges only by a California Supreme Court decision (but the same Supreme Court has laid out standards whereby trial courts have been held to abuse their discretion).

	Alabama Acts 1977, No. 607, p. 812, §1235; Acts 1979, No. 79-664, p. 1163, §1 specify different amounts of time for 2nd, 3rd and 4th strikes depending on the seriousness of the last or triggering conviction. The Alabama strike statute can be found at: http://www.legislature.state.al.us/CodeofAlabama/1975/13A-5-9.htm.
	Alaska A minimum 40- to 90-year prison term for criminals convicted of a third serious felony (includes murder, kidnapping, sexual assault, attempted murder, attempted kidnapping, robbery, first-degree assault, manslaughter, arson, and some drug offenses, such as selling to children). In the first 3 years since it became effective, only one person was sentenced under the law. Anchorage Daily News, April 6, 1999.
	Arkansas Ark. Code Ann. § 5-4-501, subd. (c)(1) -- 40-year minimum for second serious violent felony (murder 1st, murder 2nd, kidnapping, aggravated robbery, rape, terrorist act, causing a catasrophe)
	Colorado Colo. Rev. Stat. § 16-13-101 -- life for third serious or violent felony; treble maximum term for other felonies
	Connecticut Conn. Gen. Stat. § 53a-40 -- possible life imprisonment for third dangerous felony. Never used in Connecticut since enacted in 1994. The Associated Press State & Local Wire, May 24, 1999.
	Delaware Del. Code Ann. tit. 11, § 4214, subd. (b) -- life imprisonment for third serious felony
	Florida Recently enacted law that went into effect July 1, 1999 -- life imprisonment for third serious felony.
	Georgia Ga. Code Ann. § 17-10-7, subd. (b) -- life without parole for second serious violent felony (murder, felony murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery.
	Idaho Idaho Code § 19-2514 -- a third felony conviction requires a sentence between 5 years and life
	Illinois Ill. Comp. Stat. Ann. § 5/33B-1 -- life for third serious felony (criminal sexual assault, aggravated kidnapping, murder 1st, aggravated vehicular hijacking, contraband in penal institutions, manufacture or delivery of controlled substances, drug induced homicide, home invasion, indecent solicitation of an adult, possession of metal piercing bullets, and solicitation of murder). Illinois also has a 20 year wash-out period.
	Indiana Ind. Code Ann. § 35-50-2-8.5 -- life without parole for third serious felony (serious felony includes dealing in cocaine, narcotic rug or dealing in controlled substance over three grams).
	Kansas Court may double the term for the second felony committed against a person. Court may triple the term for the third felony committed against a person. See Natinal Institute of Justice, "Three Strikes and You're Out;" A Review of State Legislation, by John Clark, James Austin, and D. Aln Henry.
	Lousiana La. Rev. Stat. Ann. § 15:529.1, subd. A (b)(ii) C -- Louisiana requires life imprisonment without parole when the current felony or either of the two prior convictions was a violent felony or another specified felony. Louisiana provides a 10-year washout period for prior felonies, which excludes time in prison. (Crime of violence includes simple robbery, purse snatching, extortion, aggravated crime against nature, illegal use of weapons or dangerous instrumentalities or any attempt of the crimes listed).
	Maryland Md. Ann. Code art. 27, § 643B -- minimum of 25 years for a third crime of violence.
	Minnesota During summer of 1999, the Minnesota legislature was in the process of enacting a 3-strikes law that would give a life sentence for a third violent crime.
	Mississippi Miss. Code Ann. § 99-19-83 -- Mississippi requires life imprisonment without parole for a third felony if any of the felonies was a crime of violence. Mississippi requires the defendant to have served prison time for each prior conviction that was brought and tried separately. Mississippi courts routinely conduct proportionality review of life sentences and find them appropriate only when crimes of violence are involved. Ashley v. State (1989) 538 So. 2d 1181, 1185.
	Montana Mont. Code Ann. § 46-18-502, subd. (2) -- third felony conviction requires a sentence between 10 and 100 years
	Nebraska Neb. Rev. Stat. § 29-2221, subd. (1)(a), (b) -- 25-year minimum when third offense and one prior are both serious also third felony conviction requires a sentence between 10 and 60 years.
	Nevada Nev. Rev. Stat. § 207.010 -- life for violent felony after three prior felony convictions
	New Hampshire N. H. Rev. Stat. Ann. § 651.6, subds. I(c), II(a) -- a third felony conviction authorizes a sentence between 10 and 30 years
	New Jersey N.J. Stat. Ann. § 2C:43-7.1 -- life without parole for third violent felony (murder, aggravated manslaughter, sexual assault, kidnapping 1st, robbery, carjacking). New Jersey has a ten year wash-out period.
	New Mexico N.M. Stat. Ann. § 31-18-23 -- 30 years-to-life for a third violent felony.
	North Carolina N.C. Gen. Stat. § 14-7.7 -- life for a third violent felony.
	North Dakota If a second conviction is for a Class felony, the court may impose extended sentence of up to life; if a Class B felony, up to 20 years; if a Class C felony, up to 10 years. See Natinal Institute of Justice, "Three Strikes and You're Out;" A Review of State Legislation, by John Clark, James Austin, and D. Aln Henry.
	Oklahoma Okla. Stat. tit. 21, § 51, subd. B -- Oklahoma requires a 20-year minimum for a third felony. Oklahoma also provides for a 10-year washout period for prior felonies.
	Pennsylvania Pa. Cons. Stat. § 42-9714 -- 25-year minimum term for third violent felony
	Rhode Island R. I. Gen. Laws § 12-19-21, subd. (a) -- Rhode Island provides for a 25-year enhancement to the sentence for a third felony conviction. The Rhode Island enhancement is not mandatory, but discretionary
	South Carolina S.C. Code Ann. § 17-25-45 -- life (with possibiliy of parole depending on age requirements) for a second conviction of a most serious offense or a third conviction of a serious offense (serious offense is any offense punishable by a maximum term of 30 years or more, lynching 2nd, engagning child for sexual performance, acceptance of bribes by officers, accepting bribes for purpose of procuring public office, burgalry 2nd, embezzlement of public funds, breach of trust with fraudulent intent, obtaining signature or property by false pretenses, insurance fraud, trafficking in controlled substances, trafficking in ice, or cracnk or crack cocaine, disbtributing, selling, manufacturing or possessing controlled substances within proximity of a school, causing death by operating vehicle while under influence of drugs or alcohol, or accessory before the fact or attempt to commit any of the aforementioned offenses).
	Tennessee Tenn. Code Ann. § 40-35-120 -- life without parole for second violent conviction (murder 1st, murder 2nd, especially aggravated robbery, aggravated rape, rape of a child, aggravated arson, aggravated kidnapping, rape, aggravated sexual battery, especially aggravated burglary, aggravated child abuse, aggravated or especially aggravated sexual exploitation of a minor).
	Texas Tex. Penal Code Ann. § 12.42 -- 25 to 99 years for any three felony convictions (although statute does not mention anything about probation or parole).
	Utah 5 years to life for any third 1st or 2nd degree felony. See Natinal Institute of Justice, "Three Strikes and You're Out;" A Review of State Legislation, by John Clark, James Austin, and D. Aln Henry.
	Vermont Court may sentence up to life in prison for any third serious felony (murder, manslaughter, arson causing death, assault and robbery with weapon or causing bodily injury, aggravated assault, kidnapping, maiming, aggravated sexual assault, aggravated domestic assault, lewd conduct with child). See Natinal Institute of Justice, "Three Strikes and You're Out;" A Review of State Legislation, by John Clark, James Austin, and D. Aln Henry.
	Virginia Va. Code Ann. § 19.2-297.1 -- life for third violent felony (murder 1st, murder 2nd, voluntary manslaughter, mob-related felonies, kidnapping or abduction felony, malicious felonious assault or bodily wounding, robbery and carjacking, criminal sexual assualt, or conspiracy to commit or accessory before the fact for any of the aforementioned offenses).
	Washington Wash. Rev. Code Ann. §§ 9.94A.030, subd. (27), 9.94A.120, subd. (4) -- life without parole for third serious felony (includes assault 2nd, assault of a child 2nd, child molestation 2nd, controlled substance homicide, etortion 1st, incest when committed against a child under age 14, indecent liberties, kidnapping 2nd, leading organized crime, manslaughter 1st or 2nd, promoting prostitution 1st, rape 3rd, robbery 2nd, sexual exploitation, vehicular assault, vehicular homicide when caused by DUI or by operation of a vehicle in a reckless manner, any other felony with a deadly weapon verdict, attempt to commit any of the aforementioned offenses).
	West Virginia W. Va. Code § 61-11-18, subd. (c) -- provides for a life sentence for a third felony conviction punishable by confinement in a penitentiary. Courts routinely conduct proportionality review of life sentences and find them appropriate only when crimes of violence are involved. ( State v. Miller (1990) 184 W. Va. 462, 400 S.E.2d 897, 900; State v. Davis (1993) 189 W. Va. 59, 427 S.E.2d 754, 756-757.
	Wisconsin Wis. Stat. Ann. § 939.62, subd. (2m) -- life imprisonment without parole for third serious felony
	Wyoming Wyo. Stat. Ann. § 6-10-201 -- 10-year minimum after violent felony with two prior felony convictions

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Date last modified: 1/20/02.

Other States

The first state to enact a "3-strikes law" was the state of Washington (effective 12/2/93) and then California followed shortly after (3/7/94). Since then, there have been about 35 states identified with established "strikes" laws in the United States.

The vast majority of states have enacted "strikes" laws that provide that all strikes must be "serious" or "violent."

Arkansas Ark. Code Ann. § 5-4-501, subd. (c)(1) -- 40-year minimum for second serious violent felony (murder 1st, murder 2nd, kidnapping, aggravated robbery, rape, terrorist act, causing a catasrophe)

Colorado Colo. Rev. Stat. § 16-13-101 -- life for third serious or violent felony; treble maximum term for other felonies

Connecticut Conn. Gen. Stat. § 53a-40 -- possible life imprisonment for third dangerous felony. Never used in Connecticut since enacted in 1994. The Associated Press State & Local Wire, May 24, 1999.

Delaware Del. Code Ann. tit. 11, § 4214, subd. (b) -- life imprisonment for third serious felony

Florida Recently enacted law that went into effect July 1, 1999 -- life imprisonment for third serious felony.

Georgia Ga. Code Ann. § 17-10-7, subd. (b) -- life without parole for second serious violent felony (murder, felony murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery.

Idaho Idaho Code § 19-2514 -- a third felony conviction requires a sentence between 5 years and life

Indiana Ind. Code Ann. § 35-50-2-8.5 -- life without parole for third serious felony (serious felony includes dealing in cocaine, narcotic rug or dealing in controlled substance over three grams).

Maryland Md. Ann. Code art. 27, § 643B -- minimum of 25 years for a third crime of violence.

Minnesota During summer of 1999, the Minnesota legislature was in the process of enacting a 3-strikes law that would give a life sentence for a third violent crime.

Montana Mont. Code Ann. § 46-18-502, subd. (2) -- third felony conviction requires a sentence between 10 and 100 years

Nebraska Neb. Rev. Stat. § 29-2221, subd. (1)(a), (b) -- 25-year minimum when third offense and one prior are both serious also third felony conviction requires a sentence between 10 and 60 years.

Nevada Nev. Rev. Stat. § 207.010 -- life for violent felony after three prior felony convictions

New Hampshire N. H. Rev. Stat. Ann. § 651.6, subds. I(c), II(a) -- a third felony conviction authorizes a sentence between 10 and 30 years

New Jersey N.J. Stat. Ann. § 2C:43-7.1 -- life without parole for third violent felony (murder, aggravated manslaughter, sexual assault, kidnapping 1st, robbery, carjacking). New Jersey has a ten year wash-out period.

New Mexico N.M. Stat. Ann. § 31-18-23 -- 30 years-to-life for a third violent felony.

North Carolina N.C. Gen. Stat. § 14-7.7 -- life for a third violent felony.

Oklahoma Okla. Stat. tit. 21, § 51, subd. B -- Oklahoma requires a 20-year minimum for a third felony. Oklahoma also provides for a 10-year washout period for prior felonies.

Pennsylvania Pa. Cons. Stat. § 42-9714 -- 25-year minimum term for third violent felony

Rhode Island R. I. Gen. Laws § 12-19-21, subd. (a) -- Rhode Island provides for a 25-year enhancement to the sentence for a third felony conviction. The Rhode Island enhancement is not mandatory, but discretionary

Texas Tex. Penal Code Ann. § 12.42 -- 25 to 99 years for any three felony convictions (although statute does not mention anything about probation or parole).

Utah 5 years to life for any third 1st or 2nd degree felony. See Natinal Institute of Justice, "Three Strikes and You're Out;" A Review of State Legislation, by John Clark, James Austin, and D. Aln Henry.

Wisconsin Wis. Stat. Ann. § 939.62, subd. (2m) -- life imprisonment without parole for third serious felony

Wyoming Wyo. Stat. Ann. § 6-10-201 -- 10-year minimum after violent felony with two prior felony convictions

Return to Index.

Arkansas
Ark. Code Ann. § 5-4-501, subd. (c)(1) -- 40-year minimum for second serious violent felony (murder 1st, murder 2nd, kidnapping, aggravated robbery, rape, terrorist act, causing a catasrophe)

Colorado
Colo. Rev. Stat. § 16-13-101 -- life for third serious or violent felony; treble maximum term for other felonies

Connecticut
Conn. Gen. Stat. § 53a-40 -- possible life imprisonment for third dangerous felony.

Never used in Connecticut since enacted in 1994. The Associated Press State & Local Wire, May 24, 1999.

Delaware
Del. Code Ann. tit. 11, § 4214, subd. (b) -- life imprisonment for third serious felony

Florida
Recently enacted law that went into effect July 1, 1999 -- life imprisonment for third serious felony.

Georgia
Ga. Code Ann. § 17-10-7, subd. (b) -- life without parole for second serious violent felony (murder, felony murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery.

Idaho
Idaho Code § 19-2514 -- a third felony conviction requires a sentence between 5 years and life

Indiana
Ind. Code Ann. § 35-50-2-8.5 -- life without parole for third serious felony (serious felony includes dealing in cocaine, narcotic rug or dealing in controlled substance over three grams).

Maryland
Md. Ann. Code art. 27, § 643B -- minimum of 25 years for a third crime of violence.

Minnesota
During summer of 1999, the Minnesota legislature was in the process of enacting a 3-strikes law that would give a life sentence for a third violent crime.

Montana
Mont. Code Ann. § 46-18-502, subd. (2) -- third felony conviction requires a sentence between 10 and 100 years

Nebraska
Neb. Rev. Stat. § 29-2221, subd. (1)(a), (b) -- 25-year minimum when third offense and one prior are both serious also third felony conviction requires a sentence between 10 and 60 years.

Nevada
Nev. Rev. Stat. § 207.010 -- life for violent felony after three prior felony convictions

New Hampshire
N. H. Rev. Stat. Ann. § 651.6, subds. I(c), II(a) -- a third felony conviction authorizes a sentence between 10 and 30 years

New Jersey
N.J. Stat. Ann. § 2C:43-7.1 -- life without parole for third violent felony (murder, aggravated manslaughter, sexual assault, kidnapping 1st, robbery, carjacking). New Jersey has a ten year wash-out period.

New Mexico
N.M. Stat. Ann. § 31-18-23 -- 30 years-to-life for a third violent felony.

North Carolina
N.C. Gen. Stat. § 14-7.7 -- life for a third violent felony.

Oklahoma
Okla. Stat. tit. 21, § 51, subd. B -- Oklahoma requires a 20-year minimum for a third felony. Oklahoma also provides for a 10-year washout period for prior felonies.

Pennsylvania
Pa. Cons. Stat. § 42-9714 -- 25-year minimum term for third violent felony

Rhode Island
R. I. Gen. Laws § 12-19-21, subd. (a) -- Rhode Island provides for a 25-year enhancement to the sentence for a third felony conviction. The Rhode Island enhancement is not mandatory, but discretionary

Texas
Tex. Penal Code Ann. § 12.42 -- 25 to 99 years for any three felony convictions (although statute does not mention anything about probation or parole).

Utah
5 years to life for any third 1st or 2nd degree felony. See Natinal Institute of Justice, "Three Strikes and You're Out;" A Review of State Legislation, by John Clark, James Austin, and D. Aln Henry.

Wisconsin
Wis. Stat. Ann. § 939.62, subd. (2m) -- life imprisonment without parole for third serious felony

Wyoming
Wyo. Stat. Ann. § 6-10-201 -- 10-year minimum after violent felony with two prior felony convictions