In charges of Criminal Sexual Conduct, what is not a consideration for the second degree?

In the context of second-degree Criminal Sexual Conduct, the consideration regarding the victim's capacity to consent is not a requirement as it pertains to the specific elements of the crime. In this degree of offense, the law may focus more on the presence of non-consensual touching or the status of the victim, rather than whether the victim is capable of consent.

For second-degree charges, the act typically focuses on additional elements such as the age of the victim, particularly if they are under the age of 13, or the nature of the relationship between the victim and the offender, which can play a pivotal role in determining the severity of the offense. The touching itself, or lack thereof, is also a critical component that is examined in these charges. However, the actual ability of the victim to consent is not a direct factor that must be proven in the same way as it is in first-degree charges, making this choice the correct understanding of the criteria for second-degree cases.