Wyoming Drug Induced Infant Endangerment Bill (HB 215)

HB 215 would create the crimes of drug induced infant homicide and drug induced infant abuse.

Drug Induced Infant Homicide

A person would be guilty of drug induced infant homicide if:

• the person knows or reasonably should know themselves to be pregnant and intentionally takes in any amount of methamphetamine or a controlled substance which is a narcotic drug listed in Schedule I or II of the Wyoming Controlled Substances Act;
• During or after taking the drug, the person gives birth to an infant who at the time of the live birth is at viability; and
• The infant dies and the person’t injection, inhalation, ingestion or administration of the substance was a contributing factor.

Drug induced infant homicide would be a felony, punishable by imprisonment for up to ten years.

Drug Induced Infant Abuse

A person would be guilty of drug induced infant abuse if they intentionally take a drug during pregnancy and after giving birth, the infant tests positive for any amount of the substance.

Drug induced infant abuse would be a felony, punishable by imprisonment for up to five years.

The bill would only allow for affirmative defense against prosecution if the person sought treatment for substance abuse before the infant was born, and after giving birth to the infant, continued and successfully completed treatment.

The bill would also make it a crime for a person to deliver methamphetamine or a controlled substance which is a narcotic drug listed in Schedule I or II to a person who he knows or reasonably should know is pregnant.

Such a crime would be punishable by a fine and a term of imprisonment anywhere from 10 to 25 years.

If the pregnancy of the person to whom he delivered the methamphetamine or the controlled substance terminated in whole or in part, regardless of whether the human embryo or fetus survived, as a result of the person’s injection, inhalation, ingestion or administration by any other means of any amount of the methamphetamine or the controlled substance he delivered, a fine of up to $50,000 and a term of imprisonment anywhere from 20 to 50 years may be assessed.

In terms of sentencing, the bill would only allow for a rebuttal presumption that he was not aware the person was pregnant if the pregnant person was less than 16 weeks pregnant.

If passed, the law would take effect on July 1, 2017.

 

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