State of West Virginia v. Stephanie Elaine Louk

Chief Justice Ketchum:

Petitioner Stephanie Louk (“Ms. Louk”) was convicted of child neglect resulting in death in violation of W.Va. Code § 61-8D-4a [1997], and sentenced to three to fifteen years of incarceration by the Circuit Court of Nicholas County. Ms. Louk appeals the circuit court’s December 9, 2014, sentencing order. She argues that when the Legislature wrote our child neglect resulting in death statute, it did not include prenatal acts that result in harm to a subsequently bom child.

We have read the law and it. is clear: when enacting our child neglect resulting in death statute,…