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 Wisconsin, the three-strikes law is not as broadly defined as the federal three-strikes law. Wisconsin does not have a statute that specifically labels itself as a 'three-strikes' law, but it does have habitual offender laws that increase penalties for repeat offenders. Under Wisconsin Statute § 939.62, a person may be considered a habitual criminal if they have been convicted of a felony and have prior felony convictions. The law increases the maximum term of imprisonment for a person with a certain number of prior felony convictions. For example, if a person has been convicted of a felony and has at least three prior felony convictions, the maximum term of imprisonment for the current felony may be increased up to twice the maximum term otherwise applicable. The specific offenses that trigger these enhanced penalties can vary, but they generally include serious felonies. It's important to note that while the federal three-strikes law mandates a life sentence for certain repeat offenders, Wisconsin's habitual offender law does not automatically impose a life sentence but rather increases the potential maximum sentence for repeat offenders.