13-704. Dangerous offenders; sentencing
A. Except as provided in section 13-705, a person who is at least eighteen years of
age or who has been tried as an adult and who stands convicted of a felony that is a
dangerous offense shall be sentenced to a term of imprisonment as follows:
Felony Minimum Presumptive Maximum
Class 2 7 years 10.5 years 21 years
Class 3 5 years 7.5 years 15 years
Class 4 4 years 6 years 8 years
Class 5 2 years 3 years 4 years
Class 6 1.5 years 2.25 years 3 years
B. Except as provided in section 13-705, a person who is convicted of a class 4, 5
or 6 felony that is a dangerous offense and who has one historical prior felony
conviction involving a dangerous offense shall be sentenced to a term of imprisonment as
follows:
Felony Minimum Presumptive Maximum
Class 4 8 years 10 years 12 years
Class 5 4 years 5 years 6 years
Class 6 3 years 3.75 years 4.5 years
C. Except as provided in section 13-705 or section 13-706, subsection A, a person
who is convicted of a class 4, 5 or 6 felony that is a dangerous offense and who has two
or more historical prior felony convictions involving dangerous offenses shall be
sentenced to a term of imprisonment as follows:
Felony Minimum Presumptive Maximum
Class 4 12 years 14 years 16 years
Class 5 6 years 7 years 8 years
Class 6 4.5 years 5.25 years 6 years
D. Except as provided in section 13-705 or section 13-706, subsection A, a person
who is convicted of a class 2 or 3 felony involving a dangerous offense and who has one
historical prior felony conviction that is a class 1, 2 or 3 felony involving a dangerous
offense shall be sentenced to a term of imprisonment as follows:
Felony Minimum Presumptive Maximum
Class 2 14 years 15.75 years 28 years
Class 3 10 years 11.25 years 20 years
E. Except as provided in section 13-705 or section 13-706, subsection A, a person
who is convicted of a class 2 or 3 felony involving a dangerous offense and who has two
or more historical prior felony convictions that are class 1, 2 or 3 felonies involving
dangerous offenses shall be sentenced to a term of imprisonment as follows:
Felony Minimum Presumptive Maximum
Class 2 21 years 28 years 35 years
Class 3 15 years 20 years 25 years
F. A person who is convicted of two or more felony offenses that are dangerous
offenses and that were not committed on the same occasion but that are consolidated for
trial purposes or that are not historical prior felony convictions shall be sentenced,
for the second or subsequent offense, pursuant to this subsection. For a person sentenced
pursuant to this subsection, the minimum term prescribed shall be the presumptive term.
If the court increases or decreases a sentence pursuant to this subsection, the court
shall state on the record the reasons for the increase or decrease. The court shall
inform all of the parties before the sentencing occurs of its intent to increase or
decrease a sentence pursuant to this subsection. If the court fails to inform the
parties, a party waives its right to be informed unless the party timely objects at the
time of sentencing. The terms are as follows:
1. For the second dangerous offense:
Increased
Felony Minimum Maximum Maximum
Class 2 10.5 years 21 years 26.25 years
Class 3 7.5 years 15 years 18.75 years
Class 4 6 years 8 years 10 years
Class 5 3 years 4 years 5 years
Class 6 2.25 years 3 years 3.75 years
2. For any dangerous offense subsequent to the second dangerous felony offense:
Increased
Felony Minimum Maximum Maximum
Class 2 15.75 years 28 years 35 years
Class 3 11.25 years 20 years 25 years
Class 4 10 years 12 years 15 years
Class 5 5 years 6 years 7.5 years
Class 6 3.75 years 4.5 years 5.6 years
G. A person who is sentenced pursuant to subsection A, B, C, D, E or F of this
section is not eligible for suspension of sentence, probation, pardon or release from
confinement on any basis, except as specifically authorized by section 31-233, subsection
A or B, until the sentence imposed by the court has been served, the person is eligible
for release pursuant to section 41-1604.07 or the sentence is commuted.
H. The presumptive term authorized by this section may be mitigated or aggravated
pursuant to the terms of section 13-701, subsections C, D and E.
I. For the purposes of determining the applicability of the penalties provided in
subsection A, D or E of this section for second or subsequent class 2 or 3 felonies, the
conviction for any felony committed before October 1, 1978 that, if committed after
October 1, 1978, could be a dangerous offense under subsection A, D or E of this section
may be designated by the state as a prior felony.
J. Convictions for two or more offenses committed on the same occasion shall be
counted as only one conviction for the purposes of subsection A, B, C, D or E of this
section.
K. A person who has been convicted in any court outside the jurisdiction of this
state of an offense that if committed in this state would be punishable as a felony is
subject to subsection A, B, C, D or E of this section. A person who has been convicted
of an offense punishable as a felony under the provisions of any prior code in this state
is subject to subsection A, B, C, D or E of this section.
L. The penalties prescribed by this section shall be substituted for the penalties
otherwise authorized by law if an allegation of prior conviction is charged in the
indictment or information and admitted or found by the court or if an allegation of
dangerous offense is charged in the indictment or information and admitted or found by
the trier of fact. The release provisions prescribed by this section shall not be
substituted for any penalties required by the substantive offense or provision of law
that specifies a later release or completion of the sentence imposed before release. The
court shall allow the allegation of a prior conviction or the allegation of a dangerous
offense at any time before the date the case is actually tried unless the allegation is
filed fewer than twenty days before the case is actually tried and the court finds on the
record that the defendant was in fact prejudiced by the untimely filing and states the
reasons for these findings. If the allegation of a prior conviction is filed, the state
must make available to the defendant a copy of any material or information obtained
concerning the prior conviction. The charge of prior conviction shall not be read to the
jury. For the purposes of this subsection, "substantive offense" means the felony that
the trier of fact found beyond a reasonable doubt the defendant committed. Substantive
offense does not include allegations that, if proven, would enhance the sentence of
imprisonment or fine to which the defendant otherwise would be subject.
M. Except as provided in section 13-705 or 13-751, if the victim is an unborn child
in the womb at any stage of its development, the defendant shall be sentenced pursuant to
this section.
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