Mississippi Bill Regarding the Chemical Endangerment of a Fetus (SB 2113)
This law was last updated on Feb 6, 2019
SB 2113 would create the crime of chemical endangerment of a child or fetus.
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: up to five years in prison if the child or fetus suffered serious physical injury, and up to twenty years in prison if the child or fetus died.
It would be an affirmative 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.
In all cases brought against a mother or pregnant person, the bill would require prosecutors to offer the defendant the option of treatment for substance abuse in lieu of prosecution upon the entry of a plea of guilty.
1/11/19 – Introduced; referred to Public Health and Welfare Committee.
2/5/19 – Died in committee.