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 Iowa, the three-strikes law is not as broadly defined or as severe as the federal three-strikes law. Iowa does not have a specific statute labeled as a 'three-strikes' law, but it does have habitual offender laws that increase penalties for repeat offenders. Under Iowa Code Section 902.8, an individual who has been convicted of a Class 'C' or Class 'D' felony and has two or more prior convictions for such felonies can be considered a habitual offender and may face an enhanced sentence of up to 15 years in prison without the possibility of parole until the mandatory minimum sentence is served. The federal three-strikes law, as outlined in 18 U.S.C. §3559(c), mandates a life sentence for certain repeat offenders who have been convicted of serious violent felonies or a combination of serious violent felonies and serious drug offenses. The list of serious violent felonies includes crimes such as murder, sexual abuse, kidnapping, and robbery, among others. While Iowa's habitual offender statutes do not automatically impose a life sentence, they do provide for increased penalties for repeat offenders, reflecting a similar intent to deter and incapacitate individuals who repeatedly commit serious crimes.