AN ACT TO CREATE THE CRIMINAL OFFENSE OF PRENATAL NARCOTIC DRUG USE.
Enacts new GS 14-34.11, criminal prenatal narcotic drug use, providing that a woman can be prosecuted for assault under GS 14-33(a) for illegal use of a narcotic drug while pregnant if her child is born addicted to or harmed by the narcotic drug and the addiction or harm is a result of her illegal use of a narcotic drug taken while pregnant.
Provides that active enrollment in an addiction recovery program before the child was born, continued participation in the program after delivery, and successful completion of the program is an affirmative defense to the prosecution for assault.
Provides limitations on the application of the new provisions, including that it does not apply to any lawful act or omission by a pregnant woman in regards to an unborn child or any lawful medical or surgical procedure performed by a health care professional licensed to perform such procedures.
Effective December 1, 2015, applying to offenses committed on or after that date.
© 2021 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.