Rosann Mercedes Jaurigue is the first woman to be charged under a 1970 California homicide law that includes feticide for using cocaine while pregnant. Seven states have already denied attempts to prosecute prenatal drug use.

The District Attorney claims Jaurigue’s substance use caused the placenta to separate from the uterus, cutting off blood and oxygen to her stillborn fetus. However, the San Benito County Superior Court dismisses the charges against her, finding that the law was not intended to apply to pregnant women in relation to their own bodies.