(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.

*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.