Which condition would classify a sexual act under fourth degree criminal sexual conduct?

In the context of Minnesota law, fourth degree criminal sexual conduct encompasses specific scenarios where the age of the complainant plays a crucial role. The correct answer indicates that a sexual act may be classified as fourth degree criminal sexual conduct when the complainant is under the age of 13, and the actor is no more than 36 months older than the complainant.

This provision is significant because it aims to protect younger individuals from potential exploitation or abuse by older peers who may take advantage of their relative youth and vulnerability. The law recognizes that even consensual acts between individuals in this age gap can have serious implications due to the significant developmental differences, thus categorizing it as criminal conduct to safeguard the well-being of minors.

Understanding this helps to clarify the legal framework that establishes boundaries around sexual conduct, especially concerning minors, thus highlighting the state's commitment to preventing sexual exploitation.