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.

The federal three-strikes law, codified at 18 U.S.C. §3559(c), mandates a life sentence for individuals convicted in federal court of a serious violent felony if they have two or more prior convictions for serious violent felonies or serious drug offenses. This law aims to address repeat offenders by imposing harsher penalties on those with a history of committing serious crimes. Serious violent felonies under this law include a range of offenses such as murder, sexual abuse, kidnapping, and robbery, among others. In West Virginia, while there is no specific 'three-strikes' statute, repeat felony offenders may face enhanced penalties under the state's recidivist statutes. These statutes, found in the West Virginia Code, provide for increased sentences for individuals with prior felony convictions. The specifics of these enhancements depend on the nature of the offenses and the number of prior convictions. It's important to note that state laws regarding repeat offenders can vary significantly, and the application of such laws is subject to the interpretation of the courts.