State v. Stegall - No. 20120362
State v. Hettich - No. 20120365
State v. Lamon - No. 20120386
The State appeals after the district court dismissed charges against Alexis Stegall, Chelsea Hettich, and Kimberlie Lamon ("defendants") for endangering a child.
The Defendants were each charged with endangering a child for "knowingly or intentionally caus[ing] or permit[ting] a child [ ] to be exposed to, to ingest or inhale, or to have contact with a controlled substance, chemical substance, or drug paraphernalia." The State alleged the defendants each gave birth to a child (or children) who tested positive for methamphetamine.
The defendants moved to dismiss the charges. The defendants argued the complaint and probable cause affidavit did not support a charge of child endangerment. They argue the State failed to alleged that the exposure or contact occurred after the birth of the child(ren) and the statute does not apply to acts committed on an unborn child.
The district court granted the motion to dismiss, concluding the charge of endangering a child does not apply to an unborn child.
On appeal, the State argues that the child(ren) continued to be exposed to a controlled substance after birth and, therefore, the statute applies.