State v. Wade
Court of Appeals of Missouri, Western District
232 S.W.3d 663 (2007)
Relevant factsFree
Janet Wade (defendant) gave birth to a son who tested positive, along with Wade herself, for marijuana and methamphetamine. The state charged Wade with first-degree child endangerment under a statute covering conduct creating a substantial risk to a "child less than seventeen years old," arguing the term "child" should include a fetus from the moment of conception. The trial court dismissed the charge, concluding the statute did not reach prenatal conduct, and the state appealed.
IssueFree
Whether Missouri's first-degree child endangerment statute applies to an unborn child when a parent's conduct creates a substantial risk to the fetus's life, body, or health.