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Commonwealth v. Smith charges Smith with causing a child serious injury based on her use of crack while pregnant in Virginia.

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Britta C. Smith, a 24-year-old African-American woman, is prosecuted under Virginia’s Abuse and Neglect of a Child felony statute, which includes the "forced ingestion of dangerous substances" as a cause of serious injury.

During a false labor, Smith shares her substance use with her doctor, who reports her to the Department of Social Services. Smith’s attorneys file a motion to dismiss and win. The judge concludes that the law: "did not intend to include fetuses within the statute's purview ... or apply to prenatal conduct by a pregnant woman."