With no explanation, chose the best option from "A", "B", "C" or "D". 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) (<HOLDING>); State v. Gray, 62 Ohio St.3d 514, 584 N.E.2d

A: holding that mother may not be prosecuted criminally for child endangerment for prenatal substance abuse
B: holding that mother could not be charged with criminal endangering the welfare of her child based upon prenatal acts of smoking cocaine
C: holding that mother could not be prosecuted under child abuse statute for prenatal use of heroin
D: holding a woman may be prosecuted for child neglect and endangering a child for prenatal substance abuse
B.