Mo. Appeals Court Rules That State Law Does Not Allow For Prosecution Of Pregnant Women For Causing Indirect Harm To Fetuses

In a recent case, the Missouri Area of Appeals in Kaw River City ruled that a emotional state law allowing criminal and civil group action against a bod who harms a pregnant womanhood and her fetus does not instrument the collection of a pregnant socio-economic class for causing indirect harm to a fetus, the St. Louis Post-Dispatch reports. The case involves Janet Wade, a Buchanan Administrative district female who, along with her infant, tested adjective for passing marijuana and methamphetamine tests. The Department of State law says that the life of a human living thing begins at creativeness and that fetuses have "protectable interests in life, eudaemonia and well-being." According to the Post-Dispatch, the law, which was enacted in 1986, has been used successfully in murder and manslaughter cases, as well as in wrongful last lawsuits against masses who have caused a fetus' expiry. A government lap assembly functionary dismissed the case against Wade because charges filed in the case were based on a division of the law that states: "Nothing in this area shall be interpreted as creating a origination of mechanism against a social class for indirectly harming her unborn baby by flunk to properly care for herself or by weakness to follow any specific software of prenatal care." The judgement was upheld by appellate Official Lisa INSTANCE OFriver Hardwick. St. Charles II Region Prosecutor Jack Banas said the appellate court's ruling could lead to challenges in other similar cases photo pending. Buchanan Administrative division Prosecutor Dwight Scroggins on Wednesday said that he did not intend to ask the commonwealth Supreme Cortege to reappraisal the case. However, the Department of State Legislature might be able to outcome the statute to prevent women from harming their fetuses with drugs and beverage, Scroggins said (Anthony, St. Louis Post-Dispatch, 9/20).