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Law School Case Briefs

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STATE v. WADE

Missouri Court of Appeals, Western District (2007) | 232 S.W.3d 663

3 min read

TL;DR: A Missouri court held that a mother cannot be prosecuted for child endangerment for using illegal drugs while pregnant because the criminal statute's definition of a "child" does not include an unborn fetus for purposes of maternal liability.

Legal Significance: This case establishes that general child endangerment statutes do not apply to a mother's prenatal conduct affecting a fetus, highlighting a legislative preference for social services intervention over criminal prosecution for such conduct in Missouri.

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