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 Idaho, the three-strikes law is designed to impose harsher sentences on repeat offenders of serious crimes. While Idaho does not have a specific 'three-strikes' statute like some other states or the federal system, it does have laws that enhance penalties for habitual offenders. Under Idaho Code § 19-2514, a person who is convicted for the third time of certain felonies may be considered a persistent violator and can face a life sentence. The felonies that can lead to this enhanced sentencing include violent crimes such as murder, rape, robbery, and other offenses that involve a serious threat of violence to the person. The federal three-strikes law, as outlined in 18 U.S.C. § 3559(c), also applies to Idaho residents who commit federal crimes. Under this law, a mandatory life sentence is imposed if a person is convicted in federal court of a serious violent felony and has two or more previous convictions for serious violent felonies or serious drug offenses. The list of serious violent felonies includes crimes such as murder, sexual abuse, kidnapping, and others that involve the use or threat of physical force.