Kentucky

From the Courier Journal: 

Court says pregnant woman taking illegal drug can't be charged with endangering child (81) (6/17/10)

FRANKFORT, Ky. -- The Kentucky Supreme Court ruled Thursday that a woman who takes illegal drugs while pregnant can't be charged with endangering her child.

In a 5-2 decision, the court held that such prosecutions are "expressly precluded" by the Maternal Health Act passed by the 1992 General Assembly.

The ruling came in the case of Ina Cochran of Casey County, who was indicted on a charge of first-degree wanton endangerment after giving birth in late 2005 to a child who tested positive for cocaine.

The indictment charged that Cochran exhibited "extreme indifference to the value of human life ... when she ingested cocaine" while pregnant.

The charge was dismissed by the trial court, but that decision was reversed by the Kentucky Court of Appeals.

On Thursday the state's high court ruled that the trial court was correct and dismissed the indictment

"We would have to ignore the legislative intent clearly expressed ... to accept the Commonwealth's position that the penal code permits the prosecution of Cochran for wanton endangerment of her child," the unsigned opinion said. "... It is the legislature, not the judiciary, that has the power to designate what is a crime."

CLICK HERE FOR FULL TEXT OF DECISION.

INA COCHRAN V. COMMONWEALTH OF KENTUCKY

2008-SC-000095-DG CASEY

TO BE PUBLISHED

OPINION OF THE COURT ?

Questions Presented:

Criminal Law. Maternal Health Act. Prenatal Conduct/Postnatal Injury. The primary issue concerns whether the offense of wanton endangerment may extend to a pregnant woman who ingests drugs during pregnancy, which results in postnatal injury.