Re:U.S. companies lash out at Texas law changes, including a...
by gjsman-1000 on Saturday September 04, 2021 @12:35PM
(#28416512)
Does this imply then that, let's say a mother was in a position where breastfeeding her child was the only way the child would survive (in the wilderness for some reason, for example), that she should be acquitted if she refused to do so and the child died? The baby needed to be hooked on her body to survive.
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Re:U.S. companies lash out at Texas law changes, including a...
by gfodor on Saturday September 04, 2021 @01:09PM
(#28416854)
A mother has a right to refuse to breastfeed but that doesn’t imply that she would be innocent of parental negligence for failing to find an alternative way to take care of the child. Once a child is born to legal guardians there are minimum standards for caregivers.
Re:U.S. companies lash out at Texas law changes, including a...
by lbotos on Saturday September 04, 2021 @12:41PM
(#28416577)
IANAL, but the word you are looking for is intent:
https://en.wikipedia.org/wiki/Intention_(criminal_law)
If it's clear the mother went to the woods to create this environment to kill the child, then a state could consider prosecuting.
If there was a plane crash and it was clear that the mother was distraught and this was a side effect of the crash, I don't think most states with prosecute, but again, depends on the state.