(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:
(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.
[ 2019 c 87 s 3; 2013 c 94 s 1; 1999 c 143 s 34; 1979 ex.s. c 244 s 3; 1975 1st ex.s. c 14 s 6. Formerly RCW 9.79.190.]
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.
Declaration—2019 c 87: See note following RCW 9A.04.080.