Minnesota Chemical Endangerment of an ‘Unborn Child’ (HF 316)

HF 316 would establish the crime of chemical endangerment of “unborn children.”

The bill would make it a misdemeanor to knowingly cause or permit an “unborn child” to be exposed to a controlled substance.

If such an exposure results in substantial bodily harm to an “unborn child,” the offense would be a gross misdemeanor.

If such an exposure results in the death of an “unborn child,” the offense would be a felony.

The bill provides for an affirmative offense if the mother of the “unborn child” can prove that she had a lawful prescription for the controlled substance, that she was complying with the prescribing physician’s instructions, and the prescribing physician knew that the accused was pregnant at the time the prescription was issued.

Reporting Requirements

The bill would remove a provision of state law that allows a health-care professional to be exempt from reporting woman’s use or consumption of tetrahydrocannabinol or alcoholic beverages during pregnancy if the professional is providing the woman with prenatal care or other health-care services.

Upon receipt of a report, the local welfare agency would be required to immediately notify law enforcement and conduct an investigation.

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