Mom's Meth Use Leads to Death of Child But It's Not a Crime

Stephanie Elaine Louk

According to a decision by the West Virginia Supreme Court issued last Friday, a mother's use of methamphetamine that led to the eventual death of her unborn child is not a crime under West Virginia law.

On June 11, 2013, Stephanie Elaine Louk of Craigsville in Nicholas County was 37 weeks pregnant (i.e., expecting any day) when she injected meth in her arm, which caused her to go into respiratory distress. Doctors then performed an emergency Cesarian section to deliver the child due to concerns that the child was also being deprived of oxygen due to the respiratory problems Louk was having.  The child, named Olivia, was born "brain dead" and died 11 days later.  The coroner listed the child's cause of death due to the mother's use of meth.

Louk was eventually charged, tried, and found guilty by a Nicholas County jury of the felony crime of child neglect resulting in death.  She was sentenced to a prison term of not less than three but not more than 15 years by Circuit Judge Gary Johnson, the maximum allowed by law.  

Louk then appealed her conviction to the West Virginia Supreme Court of Appeals, arguing that West Virginia law does not include an "unborn child" in its definition of "child" when the child neglect resulting in death law was enacted.  By a split 3 to 2 decision, the West Virginia high court agreed.

The high court noted that several other laws in West Virginia specifically refer to unborn children, but the law under which Louk was prosecuted did not.  The Court said that it is clear from the foregoing statutes that when the Legislature intends to include an unborn child within a statute, it does so with absolute clarity. The Legislature did not include an unborn child in the child neglect causing death statute, W.Va. Code § 61-8D-4a. Nor did it include any of these terms in the definition of “child” contained in W.Va. Code 61-8D-1(2). It is not for this Court arbitrarily to read into a statute that which it does not say. Just as courts are not to eliminate through judicial interpretation words that were purposely included, we are obliged not to add to statutes something the Legislature purposely omitted."

In throwing out Louk's conviction and setting her free, the Court further concluded that a pregnant woman who ingests a controlled substance that results in harm to her subsequently born child is not criminally liable for child neglect resulting in death based on the plain language of W.Va. Code §61-8D-4a.

The two justices who dissented, and believed that Louk's conviction should be upheld, summarized the facts as follows:

It is undisputed that Olivia was born alive on June 12, 2013, and subsequently died as a result of her mother’s injection of methamphetamine into her bloodstream just hours before Olivia was born. While Olivia was delivered by emergency Cesarean section, the treating physician testified that the pregnancy was “full term.” There is no evidence that the child had a congenital defect that would have otherwise prohibited her from living a normal, healthy life. Olivia only lived eleven days because the methamphetamine injection caused her mother to suffer respiratory distress that inevitably deprived Olivia of oxygen for a significant period of time resulting in irreversible brain damage. There is no question that Olivia’s death was caused by her mother’s decision to neglect her child’s welfare, a fact that her mother readily acknowledged. When asked if she considered Olivia’s welfare when she took the illegal drug, the petitioner confessed, “I didn’t and I should have.” She attributed her behavior to “stupidity.”

The two dissenting justices reasoned that West Virginia's common law provides that if a “child is born alive, and dies by reason of injuries received in the womb, or in the act of birth, the person who deliberately inflicted those injuries may be guilty of murder."  

"The majority’s conclusion that Louk could not have reasonably known that she could be prosecuted for her prenatal conduct is absurd. Louk engaged in criminal activity–the use of illegal drugs–and caused the death of her child. It is common knowledge that use of illegal substances by pregnant mothers subjects their unborn children to a high risk of injury. Louk readily admitted she knew injecting methamphetamine into her vein would put Olivia at risk. She simply chose to completely disregard Olivia’s welfare. She should be held accountable for her actions," the dissenters concluded.

Click Here for Full Text of Majority Opinion
Click Here for Full Text of Dissenting Opinion