Rape in the third degree is a criminal offense that varies in definition across different states. In general, it is a less severe form of rape than first or second-degree rape. Here are some examples of how third-degree rape is defined in different states:

• Washington: Under Section 9A.44.060, a person is guilty of rape in the third degree when, under circumstances that don’t constitute rape in the first and second degrees, the person engages in sexual intercourse with the victim and: (1) the victim did not consent to sexual intercourse with the accused, or (2) there is a threat of substantial illegal harm to the victim’s property rights.

• Kentucky: A person is guilty of rape in the third degree when they engage in sexual intercourse with another person who is under 16 years old and the defendant is 21 years old or more, or when they engage in sexual intercourse with a person who is incapable of consent due to a mental disability or incapacity, or when they engage in sexual intercourse with a minor under 18 years old with whom they come into contact as a result of being in a position of authority or special trust.

• Louisiana: Third-degree rape is a rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be without the lawful consent of a victim because it is committed under one of the following circumstances: (1) the victim is incapable of resisting or of understanding the nature of the act by reason of a stupor or abnormal condition of mind produced by a narcotic or anesthetic agent or other controlled dangerous substance administered by the offender and without the knowledge of the victim; (2) the victim submits under the belief that the person committing the act is someone known to the victim, other than the offender, and such belief is intentionally induced by any artifice, pretense, or concealment practiced by the offender; (3) the victim is incapable through unsoundness of mind of understanding the nature of the act and the offender knew or should have known of the victims incapacity; or (4) the offender acts without the consent of the victim.

• Alaska: Third-degree rape is defined as sexual penetration with a person who is 16 or 17 years old and the perpetrator is at least 3 years older than the victim.

Third-degree rape is generally considered a Class C or D felony, which can result in a prison sentence between one to five years, depending on the state.