Drug induced infant endangerment.

2017
STATE OF WYOMING
17LSO-0295
Introduced
1.3

HOUSE BILL

NO.

HB0215

Drug induced infant endangerment.

Sponsored by:
Representative(s) Blackburn, Jennings, Olsen and Winters and Senator(s) Driskill

A BILL

for

AN ACT relating to crimes and offenses; creating the crimes of drug induced infant homicide and drug induced infant abuse; amending definition of abuse for provisions related to child protective services as specified; providing enhanced penalties in cases where a person delivers controlled substances to a pregnant woman; providing for presumptions and affirmative defenses; providing penalties; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S.
6
‑
2
‑
108 by creating new subsections (c) and (d),
6
‑
2
‑
503 by creating new subsections (d)
through (f), 14
‑
3
‑
202(a)(ii)
(intro)

and
by creating a new subparagraph (E)
,
35
‑
7
‑
103
6
by creating new subsections (
c
) and (
d
) are amended to read:

6
‑
2
‑
108
.

Drug induced homicide;
drug induced infant homicide;
penalties.

(c)

A person is guilty of drug induced infant homicide if:

(i)

The person knows or reasonably should know
themselves to be
pregnant and intentionally injects, inhales, ingests or administers by any other means
, in violation of W.S. 35
‑
7
‑
1039,
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
;

(ii)

During or after the
person's
inject
ion
, inhal
ation
, ingest
ion
or administ
ration of
the
substance specified in paragraph (
i
) of this subsection
, t
he
person
g
ives
birth to an
infant

who at the time of the live birth,
as defined by W.S. 35
‑
1
‑
401(a)(v)
,

is
at viability
, as defined by W.S. 35
‑
6
‑
101(a)(vii)
;
and

(i
ii
)

The infant dies after the live birth and the person's injection, inhalation, ingestion or administration of the substance specified in paragraph (
i
) of this subsection was a contributing factor in the infant's death
.

(d)

Drug induced infant homicide is
a felony punishable by imprisonment
for
not more than ten (10) years
.

6
‑
2
‑
5
03
.

Child abuse
;
drug induced infant abuse;
penalt
ies
.

(d)

A person is guilty of drug induced infant abuse if
:

(
i)

The person knows or reasonably should know themselves to be pregnant and intentionally injects, inhales, ingests or administers by any other means, in
violation of W.S. 35
‑
7
‑
1039,
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
;

(ii)

During or after the person's injection, inhalation, ingestion or administration of
the substance specified in paragraph (i) of this subsection
, the person gives birth to an infant who at the time of the live birth, as defined by W.S. 35
‑
1
‑
401(a)(v),
tests positive for any amount of
the substance specified in paragraph (i) of this subsection
.

(e)

Drug induced infant abuse is a felony punishable by imprisonment for not more than five (5) year
s
.

(f)

It
is an affirmative defense to a prosecution under subsection (d) of this section that
the person
sought treatment for substance abuse
before

the infant was born
and, after giving birth to the infant,
continued and successfully completed the treatment
.

14
‑
3
‑
202
.

Definitions.

(a)

As used in W.S. 14
‑
3
‑
201 through 14
‑
3
‑
216:

(ii)

"Abuse" means inflicting or causing physical or mental injury, harm or imminent danger to the physical or mental health or welfare of a child other than by accidental means, including abandonment, unless the abandonment is a relinquishment substantially in accordance with W.S. 14
‑
11
‑
101 through 14
‑
11
‑
109, excessive or unreasonable corporal punishment, malnutrition or substantial risk thereof by reason of intentional or unintentional neglect,
and
the commission
of

or allowing the commission of a sexual offense against a child as defined by law

or
engaging in
a course of
conduct that result
s
in a
child test
ing
positive at live birth for methamphetamine
or a controlled substance which is a narcotic drug listed in Schedule I or II of the Wyoming Controlled Substances Act
:

(E)

"Live birth" means as defined by W.S. 35
‑
1
‑
401(
a)(v).

35
‑
7
‑
1036
.

Distribution to person under 18; drug free school zones
; delivery to pregnant women
.

(
c
)

Any person who violates W.S. 35
‑
7
‑
1031(a) by
delivering
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 is punishable
as follows:

(i)

Except as provided in paragraph (ii) of this section,
by the fine authorized by W.S. 35
‑
7
‑
1031(a)(i), by a term of imprisonment
of
not less than ten (10) years nor more than twenty
‑
five (25) years,
or both;

(ii)

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
,
by a fine of not more
than fifty thousand dollars ($50,000.00), a
term
of imprisonment for
not less than twenty (20) years no
r
more than fifty (50) years, or both.

(d)

For purposes of sentencing under subsection (c) of this section, if the person
to whom he delivered the methamphetamine or the controlled substance which is a narcotic drug listed in Schedule I or II is
:

(i)

Less than sixteen (16) weeks pregnant at the time of
delivery
,
there is a
rebuttable presumption
that
he
did not reasonably know the
person
was pregnant;

(ii)

Between sixteen (16) weeks and twenty
‑
two (22) weeks pregnant at the time of
delivery
, there is no presumption on whether
he
reasonably kn
e
w the person was pregnant;

(i
i
i)

More than twenty
‑
two (22) weeks pregnant at the time of
delivery
,
it
shall be presumed
he
reasonably kn
e
w the person was pregnant.

Section

2
.

This
act is effective July 1,
201
7
.

(END)

1
HB0215