Can a pregnant heroin addict be convicted of endangering her unborn child?

We reached that same conclusion over 20 years ago in Reyes v. Superior Court, supra. There, a pregnant heroin addict had been warned that use of heroin during her pregnancy would endanger her fetus. Nevertheless, the woman continued to use heroin, with the result that she gave birth to twin boys who were addicted to heroin and who suffered withdrawal. She was convicted of violating 273a, former subdivision (1) (now, subd. (a)), which punishes willful conduct which causes physical pain or mental suffering to a child or which endangers a child's person or health. (75 Cal.App.3d at p. 216, 141 Cal.Rptr. 912.) On appeal, we held "that the word 'child' as used in Penal Code section 273a, subdivision (1) was not intended to refer to an unborn child and that petitioner's prenatal conduct does not constitute felonious child endangering within contemplation of the statute." (Ibid.)