Attorney General Becerra has asked for the murder charge against a Kings County woman to be dropped.
In October 2019, Chelsea Becker, a woman in Kings County, California, delivered a stillborn baby. After the coroner’s office determined that the baby died as a result of the Ms. Becker’s use of methamphetamine, she was charged with murder. Ms. Becker has requested that the charges against her be dismissed. Attorney General Xavier Becerra recently joined her request, asking an appeals court to dismiss the charge against her. Ms. Becker has been imprisoned for 9 months on $2 million bail.
Ms. Becker has been charged with murder, which is defined as the unlawful killing of a human being or a fetus with malice aforethought. As a murder defense lawyer in Orange County, CA, malice doesn’t mean that a person was motivated by hate. Instead, it is enough that the individual acted with a wanton disregard for human life. Malice may be express — with an intent to kill the victim — or implied, which occurs when an individual acts with a conscious disregard for human life.
According to Attorney General Becerra, murder charges were never meant to apply to pregnant women who lose their babies — even in cases where the stillbirth may have been attributed to the mother’s drug use. In this case, Ms. Becker admitted that she had used meth while pregnant, as late as 3 days before she gave birth. Instead, the Attorney General argues, the law was intended to protect women who may be attacked while pregnant.
Penal Code Section 187 is the law that applies to murder in California. When it was originally passed, it defined murder as the killing of a human being. In 1970, the conviction of a man who had assaulted his pregnant wife was overturned based on this definition. The California Legislature responded by adding “fetus” to the definition. This is the basis for the charges against Ms. Becker.
Section 187 specifically exempts women from being charged with murder for committing certain acts that result in the death of a fetus. This includes situations where a mother seeks an abortion, and the abortion was committed by a doctor, or where the act was solicited, aided, abetted, or consented to by the mother of the fetus. While the trial court rejected this as a basis for dismissing the charges against Ms. Becker, an appeals court might rule differently.
While this case may be unusual, it is incredibly important for all Californians. Overreach by prosecutors can lead to more people being unfairly charged with crimes. While mothers being charged with murder for a stillbirth probably won’t be a frequent occurrence, it does show how prosecutors may interpret the law in a way that allows them to bring charges that they wouldn’t otherwise be permitted to bring.
If you have been charged with a crime, the Chambers Law Firm can help. Our team of murder defense lawyers in Orange County, CA are highly experienced at representing clients who have been charged with all types of crimes, including murder. To learn more or to schedule a free initial consultation, contact us today at 714-760-4088 or dchambers@clfca.com.
