McCaw v. State
The Fourth DCA affirmed convictions for lewd or lascivious molestation where the defendant forced two child victims to touch each other's genitals rather than touching the victims himself, holding that Florida's principal-in-the-first-degree statute (§777.011) can be applied even though §800.04(5) speaks only of the defendant as 'perpetrator.' The court also upheld jury instructions modified to name one child victim as the person 'forced or enticed' to touch the other, finding the modification tracked the principal theory and did not misstate the law.
Key facts
- Defendant McCaw was charged with lewd or lascivious molestation of two child victims after forcing one child victim to touch the other child's genitals rather than touching the victims himself.
- The trial court convicted McCaw under Florida's lewd or lascivious molestation statute (§800.04(5)) using a principal-in-the-first-degree liability theory under §777.011, and modified jury instructions to name one child victim as the person 'forced or enticed' to touch the other.
- +1 more key fact with a free trial
Why it matters
This opinion is useful to practitioners handling child sex-abuse prosecutions involving child-on-child contact, confirming that prosecutors can charge and convict under §800.04(5) using a principal-liability theory even… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.