MS SB2365

Creates the crime of chemical endangerment of a child or fetus when a person knowingly, recklessly, or intentionally causes or permits exposure to, ingestion of, inhalation of, or contact with a controlled substance or precursor drug or chemical.

Establishes felony penalties with imprisonment up to 5 years if the child or fetus suffers serious physical injury, and up to 20 years if exposure results in death.

Provides affirmative defenses when controlled substances are lawfully prescribed for the child or pregnant mother and administered according to prescription instructions.

Requires courts to impose punishment under this section instead of other applicable laws unless another provision provides a greater penalty or longer imprisonment term.

Effective date: July 1, 2014.