MCOLES State Licensing Practice Exam

What constitutes 1st Degree Criminal Sexual Conduct?

1. Penetration with a person of authority.

2. Unwanted touching without injury.

3. Penetration without weapons involved.

4. No penetration with no injury.

The correct answer is: Penetration with a person of authority.

First Degree Criminal Sexual Conduct is defined as engaging in sexual penetration with another person, with specific aggravating factors that elevate the crime to this degree. One of the critical factors is the involvement of a person of authority, which can include individuals in positions of power or trust over the victim, such as teachers, coaches, or guardians. This distinction is vital because it underscores the breach of trust and the exploitation of power dynamics inherent in such offenses. The correct answer emphasizes that when there is penetration involved along with a significant element of authority, it meets the criteria for First Degree Criminal Sexual Conduct. It reflects the serious nature of the crime and addresses the potential psychological and social impacts on the victim due to the exploitation of power. The other options focus on different circumstances that do not meet the threshold for First Degree Criminal Sexual Conduct. Unwanted touching without injury does not involve penetration, and offenses that lack penetration, whether they involve injury or not, typically fall into lower degrees of sexual conduct offenses. Therefore, the presence of penetration combined with authority is what distinctly characterizes this crime at its most severe level.