(1) A person is guilty of rape in the third degree when, under circumstances not constituting rape in the first or second degrees, such person engages in sexual intercourse with another person:

Attorney's Note

Under the Washington Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class C felonyup to 5 yearsup to $10,000
For details, see Wash. Rev. Code § 9A.20.021

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Terms Used In Washington Code 9A.44.060

  • Consent: means that at the time of the act of sexual intercourse or sexual contact there are actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact. See Washington Code 9A.44.010
  • person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
(a) Where the victim did not consent as defined in *RCW 9A.44.010(7), to sexual intercourse with the perpetrator; or
(b) Where there is threat of substantial unlawful harm to property rights of the victim.
(2) Rape in the third degree is a class C felony.

NOTES:

*Reviser’s note: RCW 9A.44.010 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (7) to subsection (2), effective January 1, 2022.
Declaration2019 c 87: See note following RCW 9A.04.080.