If a person in New Hampshire can not be charged with killing a fetus because the fetus is NOT considered a human being, then how can a mother be charged with abuse and neglect for parental drug use while pregnant? If the fetus were born dead, she wouldn't be charged, so why should she be charged when the fetus is born alive?
This State makes NO sense!
State Statutes Results
New Hampshire
Child Abuse and Neglect
Parental Drug Use as Child Abuse
To better understand this issue and to view it across States, see the Parental Drug Use as Child Abuse: Summary of State Laws (PDF - 324 KB) publication.
Citation: N.H. Rev. Stat. § 639-A:3 (LexisNexis through 2009 Sess.)
Statute Text:
A person convicted of an offense under § 639-A:2 shall be guilty of a felony and, notwithstanding § 651:2, may be sentenced to imprisonment for not more than 5 years or a fine of up to $10,000, or both.
A prosecution or conviction under this chapter is not a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct.
Citation: N.H. Rev. Stat. § 639-A:2 (LexixNexis through 2009 Sess.)
Statute Text:
No person shall knowingly engage in any of the following activities in the presence of a child or incapacitated adult; in the residence of a child or an incapacitated adult; in a building, structure, conveyance, or outdoor location where a child or incapacitated adult might reasonably be expected to be present; within any drug-free school zone; in a room offered to the public for overnight accommodations; or in any multiple unit residential building:
Manufacturing or attempting to manufacture methamphetamine
Storing any chemical substance
Storing or disposing of any methamphetamine waste products
Storing or disposing of any methamphetamine paraphernalia
No person shall knowingly cause or permit a child or incapacitated adult to inhale, be exposed to, have contact with, or ingest methamphetamine, a chemical substance, or methamphetamine paraphernalia.
No person shall, with the intent to engage in any prohibited conduct under the first paragraph above, knowingly cause or permit any child or incapacitated adult to buy or otherwise obtain methamphetamine paraphernalia.
http://www.childwelfare.gov/systemwide/laws_policies/state/index.cfm?event=stateStatutes.processSearch
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