Danny Masterson will not be retried on a rape charge where jury deadlocked

Prosecutors said Tuesday they will not retry actor Danny Masterson on a rape charge that jurors were deadlocked on and which a judge formally dismissed in a recent trial.

A jury found "That '70s Show" star guilty of two counts of forcible rape at the conclusion of his May 2023 trial. The panel was unable to reach a verdict on similar allegations by a longtime girlfriend of Masterson, leading to the deadlocked decision on the third rape charge.

The jury was the second to hear the case against Masterson, 47, who was charged in 2020 with three counts of rape by force or fear involving the three women on separate occasions.

During last year's November 2022 trial, jurors leaned in favor of acquittal on all three counts, voting 10-2 on one count, 8-4 on another and 7-5 on the third --but they were unable to reach a unanimous decision, leading to the mistrial.

Sentencing for the "That '70s Show" actor on the two other rape charges for which he was convicted has been rescheduled to September 7. Masterson has remained in custody since the conclusion of the trial and he faces 30 years to life in prison when he is sentenced. 

A hearing in the case will be held Aug. 4 so attorneys can discuss plans for victim-impact statements at the time of sentencing.