Non-equilibrium evolution of wave fields, as occurring over sudden bathymetry variations, can produce rogue seas with anomalous wave statistics. We handle this process by modifying the Rayleigh distribution through the energetics of second-order theory and a non-homogeneous reformulation of the Khintchine theorem. The resulting probability model reproduces the enhanced tail of the probability distribution of unidirectional wave tank experiments. It also describes why the peak of rogue wave probability appears atop the shoal, and explains the influence of depth on variations in peak intensity. Furthermore, we interpret rogue wave likelihoods in finite depth through the $H$ – $\sigma$ diagram, allowing a quick prediction for the effects of rapid depth change apart from the probability distribution.