12/03/2025
In November 2020, Kelsey Carpenter gave birth alone at home, two weeks early, before passing out. When she woke, she attempted CPR on her unresponsive newborn and called 911. The coroner ruled the death accidental. Still, she was charged with implied malice murder and felony child endangerment.
The court of appeals ultimately decided that California’s Assembly Bill 2223 protected Carpenter from charges related to her prenatal conduct, but it did allow prosecution for her actions after birth.
Cases like hers show that pregnancy losses and drug use during pregnancy remain sites of suspicion, prosecution, and family separation in California, despite the passage of AB 2223. Pregnant and postpartum people are still punished for miscarriages or for conduct deemed “risky” to their pregnancy. This is especially true for those who are poor, unhoused, of color, or navigating substance use.
To chart a better path forward, California must reckon with the history of pregnancy criminalization, assess its current legal and policy landscape today, and commit to truly advancing the unfinished work of reproductive justice. Read more from senior policy counsel Kulsoom Ijaz and ACLU of Southern California senior staff attorney Minouche Kandel. https://lacba.org/?pg=LosAngelesLawyerMagazine&pubAction=viewIssue&pubIssueID=62305&pubIssueItemID=408917
