Kilmon v. State
Court of Appeals of Maryland
1Opinion of the CourtWilner, J.
Maryland Code, § 3-204(a)(l) of the Criminal Law Article (CL) makes it a misdemeanor for a person recklessly to engage in conduct that creates a substantial risk of death or serious physical injury to another person. The question before us is whether the intentional ingestion of cocaine by a pregnant woman can form the basis for a conviction under that statute of the reckless endangerment of the later-born child. The answer is “no.”
BACKGROUND
We deal here with two prosecutions in the Circuit Court for Talbot County. In August, 2004, the State’s Attorney filed a criminal information charging…
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