Illinois Delivery of Counterfeit or Controlled Substance to Pregnant Woman

The Law – 720 ILCS 570/407.2

No person shall knowingly deliver, or possess with the intent to deliver, a controlled or counterfeit substance to a pregnant woman.

Illinois attempts to deter a fetus suffering serious harm from the mother’s consumption of illegal substances by enacting a law that specifically addresses the issue. This is for the obvious purpose of protecting the unborn child from harmful effects of substances that it cannot avoid while in the womb. However, the state must show that the deliverer either knew, or should have known, that the woman was pregnant. If the deliverer did not know the woman was pregnant (for example, if the woman is early in her pregnancy and not showing) the state would have a difficult time in proving the element of knowledge and the individual would be found not guilty of this specific type of offense. The sentence for this offense is the same sentence for delivering an illegal substance to an individual under the age of 18.

The Sentence

Double of what would normally be the case, for example:

  • Delivering more than 15, but less than 100, grams of heroin to a woman not pregnant:
    • Class X Felony
    • 6 to 30 years in prison
    • Fine of up to $25,000

  • Delivering more than 15, but less than 100, grams of heroin to a pregnant woman.
    • Class X Felony
    • 12 to 60 years in prison
    • Fine of up to $50,000

Probation Possible? Yes, unless Class X Felony

Supervision Possible? No.

Time to be served: 75% of sentence on Class X Felony

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James A. Payonk, Jr.

~ Attorney at Law ~

10705 W 159th St.
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