Some state legislatures—and the United States Congress—have enacted so-called three-strikes laws (or three strikes, you’re out laws) to help law enforcement deal with violent repeat offenders—sometimes called persistent offenders, or prior and persistent offenders. The federal three-strikes law is a statute—also known as the Violent Crime Control Act—located in the United States Code at 18 U.S.C. §3559(c).

Under the federal three-strikes law, a person who is convicted in federal court of a serious violent felony and who has previously been convicted (in state or federal court) of (1) two or more serious violent felonies, or (2) one or more serious violent felonies and one or more serious drug offenses—will receive a mandatory sentence of life imprisonment.

Under the federal three-strikes law, serious violent felonies generally include federal or state offenses of (1) murder; (2) manslaughter (other than involuntary manslaughter); (3) assault with intent to commit murder; (4) assault with intent to commit rape; (5) sexual abuse and aggravated sexual abuse; (6) abusive sexual contact; (7) kidnapping; (8) aircraft piracy; (9) robbery; (10) carjacking; (11) extortion; (12) arson; (13) illegal firearms use; (14) illegal firearms possession; (15) attempt, conspiracy, or solicitation to commit any of these criminal offenses; and (16) any other offense punishable by a maximum term of imprisonment of 10 years or more that has as an element the use, attempted use, or threatened use of physical force against another person, or that involves a substantial risk that physical force against another person may be used in the course of committing the offense.

Three-strikes laws enacted by state legislatures vary from state to state—including what constitutes a strike offense—and are generally located in a state’s statutes—often in the penal or criminal code.

In Delaware, the three-strikes law is not as broadly defined or as severe as the federal three-strikes law. Delaware does have statutes that enhance penalties for repeat offenders, particularly for violent felonies, but it does not have a specific 'three-strikes' provision mandating a life sentence after three violent felony convictions. The federal three-strikes law, however, does apply to Delaware residents who are convicted in federal court of a serious violent felony and have two or more previous convictions for serious violent felonies or serious drug offenses. This federal law mandates a life sentence for qualifying offenders. The list of serious violent felonies under the federal law includes a range of offenses from murder to robbery, and also covers attempts, conspiracy, or solicitation to commit these crimes. It's important for individuals in Delaware to be aware that while the state may not impose a mandatory life sentence under a three-strikes rule, the federal law can still apply if the crimes are prosecuted in federal court.