No.
MCL 750.520d "A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration with another person and if any of the following circumstances exists: (a) That other person is at least 13 years of age and under 16 years of age."
Criminal Sexual conduct in the third degree is a felony punishable for not more than 15 years.
It does not matter if the actor knows the other person was under 16 or not, it is a per se crime
Answered on Feb 18th, 2013 at 3:40 PM