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October 17, 2014

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"Pregnant Texans are Being Charged With Crimes That Don't Exist," Andrea Grimes, RH Reality Check: Despite Texas' "fetal homicide" law clearly stating that a "pregnant person cannot be charged with injury to [her] own fetus," prosecutors in West Texas have not stopped "charging women with reckless child endangerment for ingesting controlled substances while pregnant," Grimes writes. Grimes notes that while "these erroneous [child] endangerment charges don't stick," women "are nearly always persuaded to plead guilty to possession or other drug-related offenses, which often carry heftier penalties of incarceration" and that "judges may take the child endangerment charges into consideration as well." Grimes writes that these "attempts to criminalize pregnancy in Texas could not only break up families by forcing pregnant women into prisons and children into foster care; they could be the starting point for a new strike on reproductive rights across the state" (Grimes, RH Reality Check, 10/16).