Read the following excerpt from a US court opinion:
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fetus because the power to define crimes and to establish criminal penalties is exclusively a legislative function. Santillanes v. State, 115 N.M. 215, 849 P.2d 358 (1993); see State v. Thompson, 57 N.M. 459, 465, 260 P.2d 370, 374 (1953) (stating that “[b]y the constitution of the [SJtate the [Ljegislature is invested with plenary legislative power, and the defining of crime and prescribing punishment therefor are legislative functions”); see also N.M. Const, art. Ill, § 1 (providing for division of powers of government between legislative, judicial, and executive branches). {10} Other jurisdictions with similar child abuse statutes have concluded that such statutes do not apply to an unborn fetus. See People v. Morabito, 151 Misc.2d 259, 580 N.Y.S.2d 843, 846-17 (N.Y.City Ct.1992) ; State v. Gray, 62 Ohio St.3d 514, 584 N.E.2d
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What is the most suitable continuation to the opinion? Your options are:
A. holding that mother could not be prosecuted under child abuse statute for prenatal use of heroin
B. holding that mother may not be prosecuted criminally for child endangerment for prenatal substance abuse
C. holding a woman may be prosecuted for child neglect and endangering a child for prenatal substance abuse
D. holding that evidence was sufficient to support trial courts best interest finding where mother allowed child to be in contact with individual who had physically abused her mother was not capable of caring for child on her own mother admitted at trial she had not found stable employment and child was doing well in her current placement
E. holding that mother could not be charged with criminal endangering the welfare of her child based upon prenatal acts of smoking cocaine
Reply with [A, B, C, D, E] only.