can a pregnant women who is on probation be charged with child endangerment if caught using drugs?

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  • 1 decade ago
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    First of all, the "on probation" part is a seperate issue - positive drug tests often violate the terms of a probation and will have the person sent back to jail, but that has nothing to do with child endangerment.

    There is a split among different courts in this area of law - it depends what jurisdiction (i.e. what state) you are in.

    So...

    1. In some places, it is not ever illegal because a "fetus" is not a "child" yet so there is no child endangerment.

    2. I assume in some areas, it is only illegal to give birth to a baby on drugs, but as long as the baby is not on drugs when actually born, it is ok. (This is often what happens in most real cases.)

    3. There are some areas where it is illegal and is child endangerment, to do drugs long before the child is born. (However, I beleive it would only be illegal after the first trimester, maybe even the second. There are a lot of legal reasons for this stemming from Roe v. Wade)

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  • 1 decade ago

    Drugs are a weird issue with parents. In this case, because the woman is pregnant and the drugs will endanger the developing child, then yes, she can be charged with endangerment.

    Once a child is born, a parent can only be charged if the child was present during the drug use. If the child is absent, then it is not seen as endangering the child to engage in recreational drug use.

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  • Anonymous
    1 decade ago

    who would want to do drugs with a precious helpless baby growing in their body??? if a child isn't enough to make some ppl not be so selfish and not think about being high for 9 months then they have NO BUSINESS being a parent!

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  • 1 decade ago

    Nope... No trouble at all. And there are many people who will fight tooth and nail to make sure she get to keep the baby.

    I think it is crazy myself but you know a pregnant woman can do what ever she wants to her baby. Even suck it out.

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  • Anonymous
    1 decade ago

    she sure can

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