Revised Code of Washington
Wash. Rev. Code § 9A.44.060 (2026)
Rape in the third degree
✓ current as of May 2026
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(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:
Declaration—2019 c 87: See note following RCW 9A.04.080.
Notes of Decisions
Cited in 97
cases (14 in the last 5 years), 1982–2026 · leading case: State v. Sandoval, 249 P.3d 1015 (Wash. 2011).
State v. Sandoval, 249 P.3d 1015 (Wash. 2011). “Therefore, Sandoval's counsel was required to correctly advise, or seek consultation to correctly advise, Sandoval of the deportation consequence.”
State of Washington v. Gustavo Duarte Mares, 361 P.3d 158 (Wash. Ct. App. 2015). “¶2 In the published portion of this opinion, we hold that RCW 9A.44.060 is not unconstitutionally vague as applied to the facts of this case and that substantial evidence sup *347 ports Mr.”
State v. Sandoval, 171 Wash. 2d 163 (Wash. 2011). “Therefore, Sandoval’s counsel was required to correctly advise, or seek consultation to correctly advise, Sandoval of the deportation consequence.”
State v. Higgins, 278 P.3d 693 (Wash. Ct. App. 2012). “We reject that reading of the statute as both strained and inconsistent with the purpose of RCW 9A.44.060. The defendant also contends that the trial judge's admonition to the jury that it pay special attention to some of the State's exhibits amounted to a comment on the…”
State v. Higgins, 278 P.3d 693 (Wash. Ct. App. 2012). “We reject that reading of the statute as both strained and inconsistent with the purpose of RCW 9A.44.060. The defendant also contends that the trial judge’s admonition to the jury that it pay special attention to some of the State’s exhibits amounted to a comment on the…”
State v. McKnight, 774 P.2d 532 (Wash. Ct. App. 1989). “Rape in the third degree is defined as a class C felony that occurs when sexual intercourse proceeds after the victim's "lack of consent was clearly expressed by the victim's words or conduct", RCW 9A.44.060(1)(a). Obviously, the principal difference in consequences arising from…”
State v. Morley, 952 P.2d 167 (Wash. 1998). “RCW 9A.44.060(2). All three degrees of rape are listed as most serious offenses.”
State v. W.R., 336 P.3d 1134 (Wash. 2014). “RCW 9A.44.060(l)(a). Thus, the plain language of the statute indicates that to obtain a conviction for first or second degree rape, the legislature *773 intended that the State prove forcible compulsion beyond a reasonable doubt rather than lack of consent.”
State v. S.J.W., 170 Wash. 2d 92 (Wash. 2010). “RCW 9A.44.060(1) provides: 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, not married to the perpetrator: (a) Where the victim did not…”
Donaldson v. City of Seattle, 831 P.2d 1098 (Wash. Ct. App. 1992). “[16] RCW 9A.44.060(2): "Rape in the third degree is a class C felony.”
In re the Pers. Restraint of Colbert, 380 P.3d 504 (Wash. 2016). “Rape in the third degree: “(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.”
Det. of Marshall v. State, 125 P.3d 111 (Wash. 2005). “¶ 41 A conviction for rape in the third degree, RCW 9A.44.060, the crime for which Marshall was incarcerated, certainly could be a conviction for a sexually violent act.”
— Wash. Rev. Code § 9A.44.060(1) — 12 cases
United States v. Candelario Silvestre Beltran-Munguia, 489 F.3d 1042 (9th Cir. 2007).
State v. S.J.W., 170 Wash. 2d 92 (Wash. 2010). “RCW 9A.44.060(1) provides: 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, not married to the perpetrator: (a) Where the victim did not…”
State v. Knapp, 486 P.3d 113 (Wash. 2021).
State v. Wright, 152 Wash. App. 64 (Wash. Ct. App. 2009).
State v. Ieremia, 899 P.2d 16 (Wash. Ct. App. 1995).
— Wash. Rev. Code § 9A.44.060(1)(a) — 38 cases
State v. Sandoval, 249 P.3d 1015 (Wash. 2011). “Therefore, Sandoval's counsel was required to correctly advise, or seek consultation to correctly advise, Sandoval of the deportation consequence.”
State v. Higgins, 278 P.3d 693 (Wash. Ct. App. 2012). “We reject that reading of the statute as both strained and inconsistent with the purpose of RCW 9A.44.060. The defendant also contends that the trial judge's admonition to the jury that it pay special attention to some of the State's exhibits amounted to a comment on the…”
State v. McKnight, 774 P.2d 532 (Wash. Ct. App. 1989). “Rape in the third degree is defined as a class C felony that occurs when sexual intercourse proceeds after the victim's "lack of consent was clearly expressed by the victim's words or conduct", RCW 9A.44.060(1)(a). Obviously, the principal difference in consequences arising from…”
In Re Adoption of AFM, 15 P.3d 258 (Alaska 2001).
State v. Hudson, 208 P.3d 1236 (Wash. Ct. App. 2009).
— Wash. Rev. Code § 9A.44.060(1)(b) — 2 cases
State of Washington v. William Ernesto Menjivar Hernandez (Wash. Ct. App. 2024).
State Of Washington, V. Addison Inman (Wash. Ct. App. 2026).
— Wash. Rev. Code § 9A.44.060(2) — 7 cases
State v. Morley, 952 P.2d 167 (Wash. 1998). “RCW 9A.44.060(2). All three degrees of rape are listed as most serious offenses.”
Donaldson v. City of Seattle, 831 P.2d 1098 (Wash. Ct. App. 1992). “[16] RCW 9A.44.060(2): "Rape in the third degree is a class C felony.”
State v. N.S., 991 P.2d 133 (Wash. Ct. App. 2000).
State v. Morley, 952 P.2d 167 (Wash. 1998).
State of Washington v. Cougar Ray Henderson (Wash. Ct. App. 2020).
— Wash. Rev. Code § 9A.44.060(l)(a) — 19 cases
State v. Sandoval, 171 Wash. 2d 163 (Wash. 2011). “Therefore, Sandoval’s counsel was required to correctly advise, or seek consultation to correctly advise, Sandoval of the deportation consequence.”
State of Washington v. Gustavo Duarte Mares, 361 P.3d 158 (Wash. Ct. App. 2015). “¶2 In the published portion of this opinion, we hold that RCW 9A.44.060 is not unconstitutionally vague as applied to the facts of this case and that substantial evidence sup *347 ports Mr.”
State v. W.R., 336 P.3d 1134 (Wash. 2014). “RCW 9A.44.060(l)(a). Thus, the plain language of the statute indicates that to obtain a conviction for first or second degree rape, the legislature *773 intended that the State prove forcible compulsion beyond a reasonable doubt rather than lack of consent.”
State v. McKnight, 774 P.2d 532 (Wash. Ct. App. 1989). “Rape in the third degree is defined as a class C felony that occurs when sexual intercourse proceeds after the victim's "lack of consent was clearly expressed by the victim's words or conduct", RCW 9A.44.060(1)(a). Obviously, the principal difference in consequences arising from…”
State v. Higgins, 278 P.3d 693 (Wash. Ct. App. 2012). “We reject that reading of the statute as both strained and inconsistent with the purpose of RCW 9A.44.060. The defendant also contends that the trial judge’s admonition to the jury that it pay special attention to some of the State’s exhibits amounted to a comment on the…”
— Wash. Rev. Code § 9A.44.060(l)(b) — 1 case
State v. Lynch, 309 P.3d 482 (Wash. 2013).
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