allegations supporting a charge of endangerment of a child under N.D.C.C. § 19-03.1-22.2. C [¶ 8] In July 2012, the State charged Lamon with one count of endangerment of a child. The State’s affidavit of probable cause alleged that Lamon gave birth to John Doe and, immediately following his birth, he tested positive for methamphetamine. [¶ 9] Lamon moved to dismiss the complaint. She argued the State failed to allege she committed an act of endangerment against her child. The State argued that the child was “exposed” to methamphetamine postpartum, and the mother was criminally liable. The trial court dismissed the complaint, concluding “there [were] no allegations that [Lamon] knowingly or intentionally caused, or permitted her child to be exposed to, to ingest or inhale, or to h 1999) (<HOLDING>). [¶ 22] Contrary to the majority of states,
holding that fetus was not a human being for purposes of attempted firstdegree intentional homicide and firstdegree reckless injury statutes holding a fetus is not a child person or individual for purposes of criminal prosecution under the reckless injury to a child statute holding that allegations of intentional acts causing injury resulted in the complaint falling outside the coverage of an insurance policy insuring only against accidental injury holding reckless injury and attempted firstdegree intentional homicide statutes were not applicable to a mother who consumed excessive amounts of alcohol causing injury to her child postpartum holding a mother was not criminally liable for knowingly causing injury to a child under circumstances likely to produce death or serious physical injury after the mothers prebirth ingestion of heroin caused her child to suffer heroin withdrawal symptoms postpartum