Cornelia WHITNER, Respondent,
v.
STATE of South Carolina, Petitioner.
Supreme Court of South Carolina.https://leagle.com/images/logo.png
Heard May 31, 1995.
Filed July 15, 1996.
Amended and Refiled on Grant of Rehearing October 27, 1997.
Rehearing Denied November 19, 1997.
Attorney(s) appearing for the Case
Attorney General Charles Molony Condon, Deputy Attorney General John W. McIntosh, Assistant Attorney General Teresa Nesbitt Cosby, Staff Attorney David K. Avant, Columbia, for Petitioner.
C. Rauch Wise, of Wise & Tunstall, Greenwood; Lynn M. Paltrow and Lisa S. Tankoos, both of The Center for Reproductive Law & Policy, New York, for Respondent.
Stephen P. Williams, Columbia, for Amici Curiae South Carolina Medical Association; American Medical Association & American College of Obstetricians & Gynecologists.
Robert H. Hood and Joseph C. Wilson, IV, both of Hood Law Firm, Charleston, for Amici Curiae City of Charleston, South Carolina; Board of Trustees and various employees of the MUSC; Reuben Greenberg, Chief of Charleston Police Department; Charles Molony Condon, former Ninth Circuit Solicitor; and David Schwacke, current Ninth Circuit Solicitor.
Susan Dunn, Charleston; Carol E. Tracy and Susan Frietsche, Philadelphia, PA, for Amici Curiae The American Public Health Association; American Medical Women's Association; American Nurses Association; Coalition on Addiction, Pregnancy and Parenting; Drug Policy Foundation; National Council on Alcoholism and Drug Dependence; National Perinatal Association; Planned Parenthood of Central South Carolina; National Women's Health Network; NOW Legal Defense and Education Fund; South Carolina Chapter of The National Organization for Women; South Carolina Nurses Association; and The Women's Law Project and Operation PAR.
John D. (Jay) Elliott, Columbia, for Amicus Curiae The Alliance for South Carolina's Children.
Supreme Court of South Carolina.
TOAL, Justice.
This case concerns the scope of the child abuse and endangerment statute in the South Carolina Children's Code (the Code), S.C.Code Ann. § 20-7-50 (1985).1 We hold the word "child" as used in that statute includes viable fetuses.
FACTS
On April 20, 1992, Cornelia Whitner (Whitner) pled guilty to criminal child neglect, S.C.Code Ann. § 20-7-50 (1985), for causing her baby to be born with cocaine...
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