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California AG: Don't file murder charges in stillbirths

Rich Pedroncelli/AP

FILE— California Attorney General Rob Bonta speaks at a news conference in Sacramento, Calif., Tuesday, Aug. 17, 2021. After two women were charged with "fetal murder" of their still born children, Bonta issued a statewide alert, Thursday, Jan. 6, 2022, to advise law enforcement officials that under his formal legal interpretation of California's murder statute, a pregnant woman cannot be prosecuted or convicted of an unborn fetus based on the outcome of her pregnancy. The advisory comes after two women had been charged with "fetal murder" alleging that their drug use led to the stillbirths. (AP Photo/Rich Pedroncelli, File)

By: Associated Press

Posted at 10:28 AM, Jan 07, 2022

and last updated 2022-01-07 13:28:18-05

SACRAMENTO, Calif. (AP) — California’s top law enforcement official says prosecutors should not charge women with murder when a fetus dies, even if their behavior may have contributed to the fetus’ death.

Attorney General Rob Bonta acted Thursday after prosecutors in the San Joaquin Valley’s Kings County twice charged women with fetal murder, alleging that their drug use led to the stillbirths.

Bonta said that under his legal interpretation of California’s murder statute, a pregnant woman cannot be prosecuted for the murder of an unborn fetus based on the outcome of her pregnancy.

Kings County prosecutors say Bonta's legal alert fails to include important and relevant facts.

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California AG: Don't file murder charges in stillbirths

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