Commonwealth v. Pugh

We are asked to consider whether a woman in the midst of unassisted childbirth may be held criminally responsible for the unintentional death of her viable fetus. In 2009, after a jury-waived trial, a judge in the Superior Court found the defendant guilty of involuntary manslaughter for “inflicting fatal injuries on a viable and near full term fetus during the birthing process” in violation of her “legal duty ... to refrain from wanton or reckless acts committed against her own viable fetus.” Specifically, the judge concluded that the defendant committed wanton or reckless acts by using “a…