The Pennsylvania Superior Court ruled in favor of Kasey Dischman, who was charged with a first-degree felony after she overdosed on opioids while pregnant, and upheld the dismissal of the felony charge against her.
The relevant criminal statute has a clear nonliability provision protecting pregnant women from prosecution for conduct during their pregnancy. For that reason, the trial court dismissed the felony charge. Nevertheless, the Commonwealth appealed the trial court decision to the Superior Court and argued for reinstatement of the felony charge against Dischman.
Attorneys at the Women’s Law Project filed an amicus (“friend of the court”) brief in support of Dischman on behalf of 28 non-profit organizations and individuals who oppose punishing people who use drugs while pregnant. Amici included Drug Policy Alliance, Families for Sensible Drug Policy, National Advocates for Pregnant Women, New Voices for Reproductive Justice, Philadelphia Women’s Center, Planned Parenthood affiliates in Pennsylvania, and Women’s Medical Fund, among others.
Our brief argued that the statutory language precludes Dischman from criminal liability, and that to construe the statute otherwise would yield serious public health consequences and would disproportionately harm poor women and women of color.
The Superior Court rejected the Commonwealth’s attempt to alter the clear meaning of the statute and affirmed the trial court decision. Citing to our brief, the Court held that the plain language of the statute and the legislative history make clear that a pregnant woman cannot be held criminally liable for her conduct’s alleged effects on the pregnancy.
Read the written opinion here.
The Women’s Law Project is a public interest law center in Pennsylvania devoted to advancing the rights of women and girls.
Sign up for WLP’s Action Alerts here. Follow us on twitter and like us on Facebook.
We are a non-profit organization. Please consider supporting equal rights for women and girls by making a one-time donation or scheduling a monthly contribution.
