1. Mallory Loyola, 26, is the first woman to be charged with assault under a new Tennessee law that makes it a crime to take drugs while pregnant.
Deputies said they received a call from Department of Child Services after a baby girl was born Sunday at UT Medical Center and tested positive for meth. They arrested the 26-year-old mother as she was being discharged from the hospital, according to WATE-TV.
Loyola has a history of meth-related arrests.
3. The new law went into effect this month and allows a woman to be “prosecuted for assault for the illegal use of a narcotic drug while pregnant” if her infant is harmed or addicted to the drug. She can be charged with homicide if the baby dies.
5. The sheriff also said he hoped the arrest would deter other women from committing the crime.
“Hopefully it will send a signal to other women who are pregnant and have a drug problem to seek help. That’s what we want them to do,” he said.
6. The law came under fire with local and national critics saying it would hinder drug-addicted pregnant women from getting the help they need.
The American Civil Liberties Union of Tennessee is challenging the law, which they said raises “serious constitutional concerns regarding equal treatment under the law.”
“This dangerous law unconstitutionally singles out new mothers struggling with addiction for criminal assault charges,” Thomas Castelli, legal director of the ACLU Tennessee, said in a statement. “By focusing on punishing women rather than promoting healthy pregnancies, the state is only deterring women struggling with alcohol or drug dependency from seeking the pre-natal care they need.”