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KILMON v. STATE

No. 91, September Term, 2005.

905 A.2d 306 (2006)

394 Md. 168

Regina KILMON v. STATE of Maryland. Kelly Lynn Cruz v. State of Maryland.

Court of Appeals of Maryland.

August 3, 2006.

Attorney(s) appearing for the Case

Nancy S. Forster, Public Defender (Laurel Albin, Asst. Public Defender, on brief), for appellant.

Beth S. Brinkman (Doane Kiechel, Christopher Cobb, Morrison & Foerster, LLP, Washington, DC), Lila Bateman, Morrison & Foerster LLP, Denver, CO, Dvid Rocah, Deborah Jeon, American Civil Liberties Union of Maryland Foundation of Baltimore, on brief), for appellant.

Mary Ann Ince, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on brief), for appellee.

Roscoe Jones, Jr., Suzanne Sangree, Public Justice Center, Baltimore, Lynn M. Paltrow, National Advocates for Pregnant Women, New York City, amici curiae.

L. Bracy Brown, Women's Law Center of Maryland, Inc., Towson, Judy Waxman, National Women's Law Center, Washington, DC, amici curiae.

Karen Smith Thiel, Patton Boggs, LLP, Washington, DC, amici curiae.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and GREENE, JJ.

WILNER, J.

Maryland Code, § 3-204(a)(1) 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."

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