Reinesto v. Superior Court
In Reinesto v. Superior Court, 182 Ariz. 190, 894 P.2d 733 (App. 1995), a woman's heroin use during pregnancy resulted in the birth of a baby who tested positive for heroin and experienced withdrawal symptoms. See id. at 191, 894 P.2d at 734.
The State prosecuted her for child abuse. See id.
The Court held that the child abuse statute did not apply to harm to a fetus that affects the child after birth because the statute proscribes only "conduct that directly endangers a child, not . . . activity that affects a fetus and thereby ultimately harms the resulting child." Id. at 192, 894 P.2d at 735.