Sheriff v. Encoe

OPINION

This is a question of first impression in the state of Nevada. The issue is whether NRS 200.508, a statute criminalizing child endangerment, applies to a mother’s prenatal substance abuse which results in the transmission of an illegal substance to her child through the umbilical cord during the time after the child leaves the womb and the time the umbilical cord is severed. Respondent Cathy Encoe (“Encoe”) was charged with a violation of NRS 200.508 after her child tested positive for metham-phetamines shortly after his birth. The district court granted her pretrial petition for writ…