California Attorney General Ron Bonta released an alert on Thursday after two women in San Joaquin Valley were charged with “fetal murder”, stating that pregnant individuals should not be prosecuted or convicted for murder based on the outcome of their pregnancy.
Kings County Prosecutors charged Adora Perez and Chelsea Becker under Penal Code section 187 with fetal murder for allegedly causing the stillbirth of their fetuses due to drug use. According to Bonta, the alert aims to prevent improper and unjust applications of the law.
“The loss of a pregnancy at any stage is a physically and emotionally traumatic experience that should not be exacerbated by the threat of being charged with murder,” Bonta said.
Murder in California is defined as “the unlawful killing of a human being, or a fetus, with malice aforethought”. The term “fetus” was added in 1970 when the state Legislature amended section 187. Bonta’s alert reiterates that the state Legislature did not intend to include a pregnant person’s own actions that may have caused miscarriage or stillbirth, but it is intended to criminalize violence done to a pregnant person that caused fetal death.
According to the American College of Obstetricians and Gynecologists, 10% of known pregnancies are lost during the first trimester while stillbirths occur in 1 in 160 deliveries in the United States. Bonta said that charges and prosecutions like those against Becker and Perez may prompt pregnant individuals to avoid medical care out of fear of prosecution.
The charges against Becker were dismissed in May 2021, but Perez remains in prison serving an 11-year sentence.
“Unjust prosecution of people experiencing pregnancy has been documented across the state and the nation since Roe v. Wade, and we are pleased to see Attorney General Bonta do his part to make sure that rogue district attorneys can no longer twist California law to punish pregnant people," said Jodi Hicks, President, and CEO of Planned Parenthood Affiliates of California.
According to Bonta, misinterpretations of the law may push investigations of traumatic events like stillbirths and miscarriages for many.
“With reproductive rights under attack in this country, it is important that we make it clear: Here in California, we do not criminalize the loss of a pregnancy,” Bonta said.
