New York is a state that defines "person" as a humanbeing who has been born alive. A fetus in utero isthus not a" person," and one cannot be guilty of ahomicide by causing the death of the fetus. However, the death of a fetus intentionally injured inutero, but who is born alive and subsequently dies,can be classified as a homicide. Using this distinction, the state charged a mother with second degreemanslaughter after the child she was carrying wasinjured by her reckless driving, and died a few daysafter an emergency cesarean operation. Under NewYork law, second degree manslaughter requires onlythat the death result from reckless conduct. Shouldthe mother be convicted? Do you see some problemswith such a conviction? See People v. Jorgensen, 41N.E.3d 778 (N.Y. 2015).