What is NOT a factor in determining first-degree criminal sexual conduct when the complainant is between 13 to 15 years old?

When determining first-degree criminal sexual conduct involving a complainant aged 13 to 15 years, the context of the relationship between the actor and the complainant is crucial. The correct answer indicates a factor that does not influence the charge of first-degree criminal sexual conduct.

In this case, stating that "the actor is not a family member" is the right choice because the law does not necessarily consider the familial relationship as a criterion for establishing first-degree criminal sexual conduct for individuals aged 13 to 15. The focus in these cases is more directed towards the age difference, the role of the actor (for instance, whether they hold a position of authority), and whether the complainant is in a vulnerable position.

On the other hand, factors like the age of the complainant being below 13 years would fall under much stricter scrutiny, as crimes against younger individuals are treated with increased severity. Similarly, if the actor is in a position of authority, this can significantly elevate the culpability level due to the inherent power dynamics. The age difference, where the actor is more than 48 months older than the complainant, is also a clear determinant in assessing first-degree charges.

Thus, the lack of relevance regarding familial ties is why "the