If a pregnant woman addicted to drugs takes drugs that harm the fetus, can she be punished for a criminal act?

Question

If a pregnant woman addicted to drugs takes drugs that harm the fetus, can that woman be punished for a criminal act? Would this be punishing her for her “status” as a drug addict?

Answer 1

I believe that the fetus can be put in protective custody...as in confining the mother so that she can't use drugs. Takes a good judge and a lot of wrangling tho!

Answer 2

she most likely will get the baby taken aways from her. and depending on whether the baby lives or not she could face criminal charges.

Answer 3

It depends on where she lives.  Some states have successfully prosecuted and convicted women for harming or even killing their fetus.  In other states, the convictions didn't work.  I know a woman who was kept incarcerated for 7 months while pregnant with child #2 because of the harm done to her 1st baby during pregnancy.  Women who use drugs and get pregnant should be jailed and sterilized.  They don't deserve children.  I know drugs are addictive and they "can't help it".  When they started, they also knew drugs were addictive.  I liked the hang and swing answer.

Answer 4

DRUG TESTING SHOULD BE MANDATORY FOR ALL PREGNANT WOMEN NO MATTER WHAT THEIR SOCIAL/ECONOMIC STATUS . AND APPROPRIATE MEASURES TAKEN NOT TO PUNISH THE WOMEN BUT ENSURE THE DEVELOPING FETUS IS   PROTECTED  FROM  SUCH HARMFUL AGENTS :

Answer 5

i don't think there is a law which she would be breaking. how would u enforce such a law? maybe in US its different but here in UK crack babies are legal

Answer 6

Traditionally no. However, most states have adopted "Feticide statutes" that allow a mother to be criminally liable for intentionally engaging in behavior that hurts the fetus.

Answer 7

No law for punishing her baby, but she will get into trouble for taking drugs. I think she should be punished for abusing her unborn child, but people still see it as "her body"

Answer 8

I think it depends on the state and the extent of what she's doing, but since a fetus isn't legally a person with the same rights as most other people, it makes it more difficult to punish her.

Answer 9

she should be hung and left swinging

Answer 10

There are some cases in which prosecutors have tried to charge these women with administering illegal substances to minors.  However, most states' laws regarding minors recognize humans as being born, so a fetus did not equate to a minor.  I do not remember where it was, but a prosecutor tried to state that after the fetus was born, and thus was a minor, that the umbilical cord was still delivering trace amounts of the narcotic to the child.  A jury agreed wih this argument, but it failed on appeal.  The problem that exists is Criminal law varies from state to state.  There is a whole sleu of ethical, political, familial and societal dilemmas that arise from convicting such mother's.  Though they may not be criminally liable, it is not smart to ingest drugs during pregnancy.

Answer 11

once the child is born and a doctor can prove drugs are in the babies body the child would be placed with child services, if the woman wants her child back she has to prove she can support the child. Other then that no I am not aware or any law that would save this child.  

Answer 12

Of course she can be be charged, Watch those movies on Lifetime and you will see that they do go to jail.