Criminal Defense
- Your Legal Rights
- Criminal Defense FAQs
- Civil Rights Violations/Police Brutality
- College Crimes
- Drug Crimes
- Drug Crimes FAQs
- When Does Drug Possession Become Drug Trafficking?
- Defenses to Drug Trafficking In Pennsylvania
- Conspiracy To Traffic Drugs
- Cocaine Crimes
- Drug Paraphernalia Charges
- Drug Possession Charges
- Heroin Crimes
- Intent To Deliver Charges
- Marijuana Crimes
- MDMA
- Meth Crimes
- Prescription Drug Crimes
- Fentanyl Drug Crime
- Student Drug Charges
- DUI/DWI/Impaired Driving Crimes
- DUI Basics
- Defending DUI cases
- First-Offense Penalties
- Penalties For Multiple DUI Convictions In Pennsylvania
- Driving Under The Influence Of Marijuana
- Driving Under The Influence Of Prescription Drugs
- Aggravated Assault While DUI
- Vehicular Homicide Via DUI
- Leaving The Scene Of An Accident
- State Of DUI Law After Birchfield
- Federal Crimes
- Computer And Internet Fraud
- Federal Drug Trafficking
- Federal Sex Offenses
- Federal Conspiracy
- White collar crimes
- Arrest, Indictment And Arraignment
- Gun Possession And Federal Drug Crimes
- Federal Tax Fraud
- Money Laundering
- Insider Trading
- Federal Sentencing Guidelines
- Federal Government Investigations
- Federal Crimes FAQs
- Federal Crimes Versus State Crimes
- Felony Charges
- Juvenile Crimes
- Pennsylvania Criminal Law Information
- Accelerated Rehabilitative Disposition (A.R.D.)
- Arrest Warrants
- Chester County Common Pleas Judges
- Chester County District Justices
- Federal Grand Jury
- Helpful Links
- Indicting Grand Juries
- Mandatory Sentencing Laws
- Montgomery County District Justices
- Pennsylvania Courts
- Preliminary Hearings
- Preliminary Arraignment
- Post-Conviction Related Issues
- Professional License Defense
- Representation Of Public Officials & Grand Jury Investigations
- Sex Crimes
- Sex Crimes FAQs
- What Constitutes A Sexual Offense?
- When Should I Call A Lawyer For A Sex Crime
- How To Avoid Conviction For A Sex Crime
- Sexual Assault
- Statutory Sexual Assault
- Indecent Assault
- Title IX Sexual Assault Defense
- Aggravated Indecent Assault
- Rape
- Involuntary Deviate Sexual Intercourse (IDSI)
- Indecent Exposure
- Prostitution
- Internet Sex Crimes
- Child Pornography
- False Allegations Of Child Sex Abuse
- Sex Crimes Against Minors
- Solicitation Of A Minor
- Corruption Of Minors
- Child Endangerment
- Children Youth And Families Investigations (CYS Investigations)
- Megan’s Law
- Statutory Rape
- Sex Crimes Involving Teachers
- Sex Crimes Trials
- Sexually Violent Predator Hearings
- Theft Crimes
- Violent Crimes
- Aggravated Assault Of An Unborn Child
- Pennsylvania Law On Self-Defense
- Domestic Violence Charges
- Protection from Abuse (PFA)
- Restraining Order Violations
- Murder
- What’s The Difference Between First- And Second-Degree Murder?
- First-Degree Murder
- Second-Degree Murder
- Third-Degree Murder
- Attempted Murder
- Manslaughter
- Terroristic Threats
- Weapons & Firearm Charges
- Kidnapping
- Communities Served
Civil Litigation
Personal Injury
- Personal Injury FAQs
- Auto Accidents
- Bicycle Accidents
- Car Accidents Involving Uninsured Drivers
- Drunk Driving Accidents/Dram Shop Liability
- Hit-And-Runs
- Medical Malpractice
- Motorcycle Accidents
- Pedestrian Accidents
- Premises Liability
- Product Liability
- Slip-And-Fall Injuries
- Texting and Distracted Drivers
- Victims Of Crimes
- Victims Of Crimes FAQs
- What Are Crime Victim Rights in Pennsylvania
- What is the Crime Victims Compensation Fund/Program?
- How Does Crime Victims Compensation Work in Pennsylvania?
- Civil Claims For Crime Victims
- Can I Sue For Sexual Assault or Rape in Pennsylvania?
- Sex Assault Victims
- Victims Of Child Sexual Abuse
- Victims Of Day Care And Foster Care Mistreatment
- Victims Of School Bullying
- Victims Of Title IX Sexual Assault
- Can I Sue My Employer For Being Assaulted at Work?
- Workplace Violence
- Victims Of Crime Due To Negligent Security
- Wrongful Death Lawsuits
Victims of Crime
- Victims Of Crimes FAQs
- What is the Crime Victims Compensation Fund/Program?
- How Does Crime Victims Compensation Work in Pennsylvania?
- Civil Claims For Crime Victims
- Can I Sue For Sexual Assault or Rape in Pennsylvania?
- Sex Assault Victims
- Victims Of Child Sexual Abuse
- Victims Of Day Care And Foster Care Mistreatment
- Victims Of School Bullying
- Victims Of Title IX Sexual Assault
- Can I Sue My Employer For Being Assaulted at Work?
- Workplace Violence
- Victims Of Crime Due To Negligent Security
Professional License Defense
Communities Served
Is drug use during pregnancy a crime?
Discover what Pennsylvania’s stance is on drug use during pregnancy. Learn what both sides have to say in the debate over criminalizing it.
There is no secret that Pennsylvania is embroiled in the country’s heroin epidemic. The use of this illegal and incredibly harmful drug is at all time high levels. It is becoming a problem for communities all over. One area of the problem, though, that people may not think about is how it is affecting the unborn children of drug addicts.
State protection for the unborn
The Morning Call notes Pennsylvania does not pursue criminal charges against mothers who use illegal drugs during pregnancy. This does not mean nobody cares about these unborn children. It does, however, reflect political opinions and concerns.
One of the main reasons why the state does not criminally prosecute in these situations is the debate over when life begins. This is critical for those who want to keep abortion legal. If an unborn baby is considered to have rights during a pregnancy, then that could derail pro-abortion allies. As it stands currently, the state does not view a person as a person until he or she is born, so unborn babies have no rights.
Another top concern is the government’s intrusion upon personal lives. People against criminalizing drug use during pregnancy argue that this type of regulation is a stepping stone for micro managing women during pregnancy and could lead to additional regulations for what women can eat and what they do during pregnancy.
Lastly, many are concerned that criminalizing drug use during pregnancy could deter women from getting prenatal care. They may be too afraid of going to jail to get care that could help ensure their babies are as healthy as possible when born or to catch issues that could pose a risk to the mother.
Around the country
Many other states side with Pennsylvania. In fact, Tennessee is the only state that criminalizes drug use during pregnancy. For most other states, mandatory testing or treatment may be used. In some states, a pregnant woman may be charged with child abuse and have her child taken away upon birth.
Final notes
The Guttmacher Institute notes the debate over pregnancy, drug use and criminal charges has been prevalent since the 1980s. The most common decision is it is child abuse, but many laws do not reflect this. In general, it seems the fight is held up by politics and concerns over the civil rights of the mother. Pennsylvania merely requires reporting a pregnant woman suspected to be using drugs. The state also provides targeted treatment, but if the mother does not want to go, then she cannot be forced. If you have experienced the issue of pregnancy during childbirth, whether you are the pregnant mother or you are someone concerned about an unborn child, it could help to contact an attorney, such as the Bellwoar Kelly, LLP.
Criminal Defense
- Your Legal Rights
- Criminal Defense FAQs
- Civil Rights Violations/Police Brutality
- College Crimes
- Drug Crimes
- Drug Crimes FAQs
- When Does Drug Possession Become Drug Trafficking?
- Defenses to Drug Trafficking In Pennsylvania
- Conspiracy To Traffic Drugs
- Cocaine Crimes
- Drug Paraphernalia Charges
- Drug Possession Charges
- Heroin Crimes
- Intent To Deliver Charges
- Marijuana Crimes
- MDMA
- Meth Crimes
- Prescription Drug Crimes
- Fentanyl Drug Crime
- Student Drug Charges
- DUI/DWI/Impaired Driving Crimes
- DUI Basics
- Defending DUI cases
- First-Offense Penalties
- Penalties For Multiple DUI Convictions In Pennsylvania
- Driving Under The Influence Of Marijuana
- Driving Under The Influence Of Prescription Drugs
- Aggravated Assault While DUI
- Vehicular Homicide Via DUI
- Leaving The Scene Of An Accident
- State Of DUI Law After Birchfield
- Federal Crimes
- Computer And Internet Fraud
- Federal Drug Trafficking
- Federal Sex Offenses
- Federal Conspiracy
- White collar crimes
- Arrest, Indictment And Arraignment
- Gun Possession And Federal Drug Crimes
- Federal Tax Fraud
- Money Laundering
- Insider Trading
- Federal Sentencing Guidelines
- Federal Government Investigations
- Federal Crimes FAQs
- Federal Crimes Versus State Crimes
- Felony Charges
- Juvenile Crimes
- Pennsylvania Criminal Law Information
- Accelerated Rehabilitative Disposition (A.R.D.)
- Arrest Warrants
- Chester County Common Pleas Judges
- Chester County District Justices
- Federal Grand Jury
- Helpful Links
- Indicting Grand Juries
- Mandatory Sentencing Laws
- Montgomery County District Justices
- Pennsylvania Courts
- Preliminary Hearings
- Preliminary Arraignment
- Post-Conviction Related Issues
- Professional License Defense
- Representation Of Public Officials & Grand Jury Investigations
- Sex Crimes
- Sex Crimes FAQs
- What Constitutes A Sexual Offense?
- When Should I Call A Lawyer For A Sex Crime
- How To Avoid Conviction For A Sex Crime
- Sexual Assault
- Statutory Sexual Assault
- Indecent Assault
- Title IX Sexual Assault Defense
- Aggravated Indecent Assault
- Rape
- Involuntary Deviate Sexual Intercourse (IDSI)
- Indecent Exposure
- Prostitution
- Internet Sex Crimes
- Child Pornography
- False Allegations Of Child Sex Abuse
- Sex Crimes Against Minors
- Solicitation Of A Minor
- Corruption Of Minors
- Child Endangerment
- Children Youth And Families Investigations (CYS Investigations)
- Megan’s Law
- Statutory Rape
- Sex Crimes Involving Teachers
- Sex Crimes Trials
- Sexually Violent Predator Hearings
- Theft Crimes
- Violent Crimes
- Aggravated Assault Of An Unborn Child
- Pennsylvania Law On Self-Defense
- Domestic Violence Charges
- Protection from Abuse (PFA)
- Restraining Order Violations
- Murder
- What’s The Difference Between First- And Second-Degree Murder?
- First-Degree Murder
- Second-Degree Murder
- Third-Degree Murder
- Attempted Murder
- Manslaughter
- Terroristic Threats
- Weapons & Firearm Charges
- Kidnapping
- Communities Served
Civil Litigation
Personal Injury
- Personal Injury FAQs
- Auto Accidents
- Bicycle Accidents
- Car Accidents Involving Uninsured Drivers
- Drunk Driving Accidents/Dram Shop Liability
- Hit-And-Runs
- Medical Malpractice
- Motorcycle Accidents
- Pedestrian Accidents
- Premises Liability
- Product Liability
- Slip-And-Fall Injuries
- Texting and Distracted Drivers
- Victims Of Crimes
- Victims Of Crimes FAQs
- What Are Crime Victim Rights in Pennsylvania
- What is the Crime Victims Compensation Fund/Program?
- How Does Crime Victims Compensation Work in Pennsylvania?
- Civil Claims For Crime Victims
- Can I Sue For Sexual Assault or Rape in Pennsylvania?
- Sex Assault Victims
- Victims Of Child Sexual Abuse
- Victims Of Day Care And Foster Care Mistreatment
- Victims Of School Bullying
- Victims Of Title IX Sexual Assault
- Can I Sue My Employer For Being Assaulted at Work?
- Workplace Violence
- Victims Of Crime Due To Negligent Security
- Wrongful Death Lawsuits
Victims of Crime
- Victims Of Crimes FAQs
- What is the Crime Victims Compensation Fund/Program?
- How Does Crime Victims Compensation Work in Pennsylvania?
- Civil Claims For Crime Victims
- Can I Sue For Sexual Assault or Rape in Pennsylvania?
- Sex Assault Victims
- Victims Of Child Sexual Abuse
- Victims Of Day Care And Foster Care Mistreatment
- Victims Of School Bullying
- Victims Of Title IX Sexual Assault
- Can I Sue My Employer For Being Assaulted at Work?
- Workplace Violence
- Victims Of Crime Due To Negligent Security
Professional License Defense
Communities Served