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A. This section may be cited as the “Dangerous Sexual Felony Offender Act.”

B. Any person who is convicted of a violation of rape, sexual battery, or exposure of sexual organs under this chapter, which offense the person committed when he or she was eighteen (18) years of age or older, shall be deemed a dangerous sexual felony offender, who must be sentenced to a mandatory minimum term of three years imprisonment if the offender:

1. Caused great bodily injury to the victim as a result of the commission of the offense;

2. Used or threatened to use a deadly weapon during the commission of the offense;

3. Victimized more than one person during the course of the criminal episode applicable to the offense;

4. Committed the offense while under the jurisdiction of a court for a felony offense under the laws of this Nation, for an offense that is a felony in another jurisdiction, or for an offense that would be a felony if that offense were committed in this Nation; or

5. Has previously been convicted of a violation of rape in the first degree; rape in the second degree; lewd or lascivious offenses committed upon or in the presence of persons less than sixteen (16) years of age; lewd or lascivious conduct committed upon or in the presence of an elderly person or disabled person; child sexual battery; child sexual exploitation; sexual battery upon a vulnerable adult; sexual battery of charge; or of any offense under a former statutory designation which is similar in elements to an offense described in this paragraph; or of any offense that is a felony in another jurisdiction, or would be a felony if that offense were committed in this Nation, and which is similar in elements to an offense described in this paragraph.

C. The offense described in subsection (B) of this section which is being charged must have been committed after the date of commission of the last prior conviction for an offense that is a prior conviction described in subsection (B)(5) of this section.

D. It is irrelevant that a factor listed in subsection (B) of this section is an element of an offense described in that subsection.

E. Notwithstanding any other law, or any interpretation or construction thereof, a person subject to sentencing under this section must be sentenced to the mandatory term of imprisonment provided under this section. If the mandatory minimum term of imprisonment imposed under this section exceeds the maximum sentence authorized under another applicable provision of this chapter, the mandatory minimum term of imprisonment under this section must be imposed. If the mandatory minimum term of imprisonment under this section is less than the sentence that could be imposed under another applicable provision of this chapter, the sentence imposed must include the mandatory minimum term of imprisonment under this section.

F. A defendant sentenced to a mandatory minimum term of imprisonment under this section is not eligible for any form of discretionary early release, other than pardon or executive clemency, or conditional medical release, before serving the minimum sentence. ONCA 22-33, eff. Apr. 25, 2022.