imo your position is very extreme five-o.
taking your position to the logical extreme, a woman who is pregnant and chooses to smoke tobacco should be prosecuted. they endanger the child in their womb. should they be incarcerated?
or how about the women who drink when they are pregnant? should we put them in custody to "protect" the child? jail time for the mother?
of course, it would also be illegal for a pregnant woman to do things that might cause harm to the child in their womb. heck, no running, or any other exertion. it might harm the child.
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