Wash. Rev. Code » Title 9A · Chapter 9A.44
Revised Code of Washington

Wash. Rev. Code § 9A.44.079 (2026)

Rape of a child in the third degree

✓ current as of May 2026
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(1) A person is guilty of rape of a child in the third degree when the person has sexual intercourse with another who is at least fourteen years old but less than sixteen years old and the perpetrator is at least forty-eight months older than the victim.
(2) Rape of a child in the third degree is a class C felony.
[ 2021 c 142 s 4; 1988 c 145 s 4.]

Notes:

Effective date—2021 c 142: See note following RCW 9A.44.050.
Effective date—Savings—Application—1988 c 145: See notes following RCW 9A.44.010.
Notes of Decisions
Cited in 115 cases (19 in the last 5 years), 1990–2026 · leading case: State v. Deer, 287 P.3d 539 (Wash. 2012).
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State v. Deer, 287 P.3d 539 (Wash. 2012). · cites it 5× “¶24 Our opinion in Bradshaw illustrates the appropriate approach to statutory interpretation. See Bradshaw, 152 Wn.”
State v. Chenoweth, 370 P.3d 6 (Wash. 2016). · cites it 2× “¶15 (dissenting) The majority holds that because the statutes under which defendant was convicted, RCW 9A.44.079 (rape of a child in the third degree) and RCW 9A.”
United States v. Faustino Gomez, 757 F.3d 885 (9th Cir. 2014). · cites it 3× “13, § 3253 (a)(8); Wash. Rev.Code Ann. § 9A.44.079; W. Va.Code Ann.”
Esquivel-Quintana v. Sessions, 137 S. Ct. 1562 (2017). “13, § 3252(a)(3) (1998) Washington Wash. Rev. Code § 9A.44.079 (1994) West Virginia W.”
United States v. Michael Laursen, 847 F.3d 1026 (9th Cir. 2017). · cites it 2× “” Wash. Rev. Code § 9A.44.079. Thus, Laursen’s sexual relationship with J.”
State v. Land, 295 P.3d 782 (Wash. Ct. App. 2013). · cites it 2× “Sexual intercourse can be proved with evidence of some form of penetration, but it can also be proved by “any act of sexual contact between persons involving the sex organs of. one person and the mouth or anus of another.”
State v. Clemens, 898 P.2d 324 (Wash. Ct. App. 1995). · cites it 6× “2d 617 (1993) (absence of consent is not an element of third-degree rape of a child, RCW 9A.44.079); State v. Saiz, 63 Wn. App 1, 4, 816 P.”
In re Pers. Restraint of Monschke, 482 P.3d 276 (Wash. 2021). “, RCW 9A.44.079(1) (setting oldest possible age of a victim of the crime, “Rape of a child,” at 15); RCW 66.”
United States v. Eduardo Rangel-Castaneda, 709 F.3d 373 (4th Cir. 2013). · cites it 2× “13, § 3252 ; Wash. Rev.Code § 9A.44.079; W. Va.Code §§ 61-8B-2, -5.”
N.L. v. Bethel Sch. Dist., 378 P.3d 162 (Wash. 2016). “at 4, 6; Clerk’s Papers (CP) at 52, 454-56. Since this case is before us on review of summary judgment, we need not resolve this dispute, but we note that N.”
In re Pers. Restraint of Arnold, 410 P.3d 1133 (Wash. 2018). “076 (rape of a child in the second degree), RCW 9A.44.079 (rape of a child in the third degree), RCW 9A.”
State of Washington v. Sergio Magana, Jr., 389 P.3d 654 (Wash. Ct. App. 2016). “¶18 While erroneous introduction of the Lineup ID Report could have endangered the State’s case, it ultimately did not.”
Show all 115 citing cases →
— Wash. Rev. Code § 9A.44.079(1) — 28 cases
State v. Deer, 287 P.3d 539 (Wash. 2012). “¶24 Our opinion in Bradshaw illustrates the appropriate approach to statutory interpretation. See Bradshaw, 152 Wn.”
State v. Land, 295 P.3d 782 (Wash. Ct. App. 2013). “Sexual intercourse can be proved with evidence of some form of penetration, but it can also be proved by “any act of sexual contact between persons involving the sex organs of. one person and the mouth or anus of another.”
In re Pers. Restraint of Monschke, 482 P.3d 276 (Wash. 2021). “, RCW 9A.44.079(1) (setting oldest possible age of a victim of the crime, “Rape of a child,” at 15); RCW 66.”
State of Washington v. Sergio Magana, Jr., 389 P.3d 654 (Wash. Ct. App. 2016). “¶18 While erroneous introduction of the Lineup ID Report could have endangered the State’s case, it ultimately did not.”
State v. Epefanio, 156 Wash. App. 378 (Wash. Ct. App. 2010).
— Wash. Rev. Code § 9A.44.079(2) — 19 cases
In re the Pers. Restraint of Stoudmire, 5 P.3d 1240 (Wash. 2000).
State v. Bruch, 346 P.3d 724 (Wash. 2015).
In Re Stoudmire, 5 P.3d 1240 (Wash. 2000).
State Of Washington, V. Harlan W. Blackburn (Wash. Ct. App. 2026).
Pers. Restraint Petition Of Robert J. Gregory (Wash. Ct. App. 2016).
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