when is a baby or fetus considered a human being by law?

Question by joey: when is a baby or fetus considered a human being by law?
this is for my law class and self interest. there was this example where “this woman smoked crack cocaine while pregnant and the baby died at 35 weeks pregnant and the question was should this woman get charged with murder and if so then wat kind?” my answer imo is no because theres no culpable actus reus in this act and a few of the key elements of murder is unlawful killing of a HUMAN BEING. now in my opinion a baby isnt a human untill FIRST BREATH which is when a baby is born and legally a fetus doesnt have constitiutional rights so does this also mean that an unborn baby or fetus isnt or is a human by law? and would this woman get charged with murder and WHY?(btw i learned in my class that this was an actual case and th ewoman got charged and convicted of third degree murder but I think that she shouldve been aquitted) what do you think??

Best answer:

Answer by TSW
Some think it’s when they take there first breath. I think it’s when sperm meets the egg. Life of a human begins.

What do you think? Answer below!