Mississippi Bill Regarding the Chemical Endangerment of a Fetus (SB 2797)

SB 2797 would have created the crime of chemical endangerment of a child or fetus. The bill states that a person commits the crime of chemical endangerment of a child or chemical endangerment of a fetus if the person knowingly, recklessly, or intentionally causes or permits a child or a fetus to be exposed to, to ingest or inhale, or to have contact with a controlled substance or precursor drug or chemical.

The bill includes criminal penalties. The penalty would have been up to 10 years in prison if the child or fetus suffered serious physical injury, and up to 25 years in prison if the child or fetus died.

It would have been an absolute defense to a violation of this provision that (1) the drug was provided by lawful prescription for the child and administered in accordance with the prescription instructions or (2) the drug was provided by lawful prescription to the pregnant woman and administered in accordance with the prescription instructions.

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