jurisdiction, confronted with this issue, similarly observed that if, as the State urges, the statute is read to apply to the effect of a pregnant woman’s conduct on the child she is carrying, it could well be construed to include not just the ingestion of unlawful controlled substances but a whole host of intentional and conceivably reckless activity that could not possibly have been within the contemplation of the Legislature—everything from ... the continued use of legal drugs that are contraindicated during pregnancy, to consuming alcoholic beverages to excess, to smoking, to not maintaining a proper and sufficient diet, to avoiding proper and available prenatal medical care, to failing to wear a seat belt while driving, to violating other traffic law 2d 843, 847 (N.Y.City.Ct.1992) (<HOLDING>); State v. Gethers, 585 So.2d 1140
holding a woman may be prosecuted for child neglect and endangering a child for prenatal substance abuse holding an unborn child is a child for purposes of prosecuting chemical endangerment of a child holding that the defendant mother could not be charged with endangering the welfare of a child based upon prenatal acts endangering an unborn child holding that mother could not be prosecuted under child abuse statute for prenatal use of heroin holding an unborn child is not a child for purposes of criminal prosecution of mistreatment of a child