What is a common factor across all degrees of criminal sexual conduct?

The presence of touching intimate areas is a defining characteristic across all degrees of criminal sexual conduct. This aspect is fundamental to the legal definitions of these crimes because it is the act of touching that constitutes the criminal behavior, regardless of other circumstances such as the use of force, the victim's incapacity, or the age of the victim. The law often outlines the specific nature of this touching, emphasizing that it must occur in a manner that is sexual in nature, which differentiates these offenses from other types of assault.

Although the other factors can be relevant in certain circumstances and various degrees of criminal sexual conduct, they do not uniformly apply across all cases. For instance, the involvement of minors may be pertinent in specific statutes, but not all degrees involve minor victims. Similarly, while the victim’s incapacity and the presence of force are critical in certain situations, they are not universally applicable to all degrees of criminal sexual conduct. Therefore, the touching of intimate areas stands as the core element that links all degrees within this legal framework.