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 New Mexico, the three-strikes law is designed to impose harsher sentences on repeat offenders who commit serious violent crimes. While the state does not have a three-strikes law as strict as some other states, it does have statutes that enhance penalties for habitual offenders. According to New Mexico Statutes Annotated (NMSA) 31-18-17, a person who is convicted of a felony in New Mexico and has been previously convicted of one or more felonies can face an increased sentence. The enhancement depends on the number of prior felony convictions, with a third felony conviction potentially leading to an additional eight years of imprisonment. The federal three-strikes law, as outlined in 18 U.S.C. §3559(c), mandates a life sentence for a person convicted in federal court of a serious violent felony if they have two or more prior convictions for serious violent felonies or one or more serious violent felonies and one or more serious drug offenses. The list of serious violent felonies includes crimes such as murder, sexual abuse, kidnapping, and robbery, among others. It's important to note that the federal law applies to convictions in federal court, while state laws apply to convictions in state courts.