The Michigan appeals court has ruled the state’s child-abuse law doesn’t apply to unborn babies, a decision that was made in response to a case involving a Sturgis woman.
The court threw out the conviction of Melissa Jones, who used methamphetamine during her pregnancy. Jones’ son weighed less than 4 pounds despite being delivered at full term in Sturgis.
In a 3-0 decision, the court said Michigan law refers to acts that harm a child but not a fetus. The court says Jones’ prenatal drug use is not a crime under that law.
The document states after Jones spoke with a CPS worker, removed her IVs and left the hospital with her boyfriend, against the advice of hospital staff.
When police arrived at the hospital regarding the abandoned newborn, a court order placed the child under protection and prohibited contact with Jones.
Jones, 30, had pleaded guilty to first-degree child abuse and the trial court sentenced her to 3-10 years imprisonment in 2015.
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