[§707-712.2]  Habitual violent crime.  [Section repealed June 30, 2027.  L 2024, c 213, §6.]  (1)  A person commits the offense of habitual violent crime if the person is a habitual violent crime perpetrator and commits:

     (a)  Assault in the third degree under section 707-712 that is categorized as a misdemeanor;

     (b)  Assault against a law enforcement officer in the second degree under section 707-712.6;

     (c)  Sexual assault in the fourth degree under section 707-733; or

     (d)  Abuse of a family or household member under section 709-906(1).

     (2)  For the purposes of this section, "habitual violent crime perpetrator" means a person who, within five years of the instant offense, has convictions for any combination of three or more of the following offenses set forth in sections 707-710, 707-711, 707-712, 707-712.5, 707-712.6, 707-730, 707-731, 707-732, 707-733, and 709-906; provided that the convictions were not for offenses categorized as petty misdemeanors.  The convictions shall be for separate incidents on separate dates.  The prosecution shall not be required to prove any state of mind with respect to the person's status as a habitual violent crime perpetrator.  Proof that the person has the requisite minimum prior convictions shall be sufficient to establish this element.

     (3)  Habitual violent misdemeanor crime is a class C felony.

     (4)  For a conviction under this section, the sentence shall be either:

     (a)  An indeterminate term of imprisonment of five years; provided that the minimum term of imprisonment shall be no less than one year; or

     (b)  A term of probation of five years, with conditions to include but not be limited to one year of imprisonment; provided that probation shall only be available for a first conviction under this section. [L 2024, c 213, §2]

Note

  Department of the attorney general reports to 2025-2026 legislature that include the number of convictions under this section.  L 2024, c 213, §3.

COMMENTARY ON §707-712.2

  Act 213, Session Laws 2024, added this section to establish the offense of habitual violent crime.  The legislature found that a pattern of conviction for intentional, habitual violent behavior correlates to a likelihood of similar repeat offenses in the future.  The legislature further found that repeat violent offenders pose a danger to the community, and many repeat offenders face minimal consequences for their repeated acts of violence.  Accordingly, the legislature noted that Act 213 would deter violent crime in local communities while ensuring that repeat offenders are held accountable for their acts of violence.  House Standing Committee Report No. 1635-24, Conference Committee Report No. 16-24.