What must be proven about the actor’s knowledge for third degree sexual conduct involving a minor?

For third degree sexual conduct involving a minor, the law focuses on the actor's awareness of the complainant's age. Specifically, it must be shown that the actor was unaware of the complainant’s age to establish the requisite state of mind related to the offense. This element addresses the actor's lack of knowledge and serves to differentiate between those who engage in such conduct with full knowledge of the individual’s minor status versus those who may have acted without this information. The absence of awareness regarding the complainant’s age is crucial in assessing the actor's culpability under the law, highlighting the importance of consent and age in determining legality in these sensitive situations.

A focus on other knowledge aspects, such as whether the actor thought the complainant was older or knew the complainant was present, does not directly satisfy the requirements of the statute related to third degree sexual conduct. Additionally, the use of force or coercion is not a relevant factor in defining the actor's knowledge regarding the minor's age in this context.