Teen on Paris Gap Year Trip Allegedly Threw Newborn Out Hotel Window. What Punishment Could She Face? (Exclusive)

An American teenager accused of throwing her newborn out of a hotel window in Paris could spend the rest of her life in prison — or be entirely absolved of the alleged crime depending on her mental state, according to local legal experts.

The 18-year-old was on a gap year trip with a Massachusetts-based international cultural program when she allegedly threw out her newborn, with its umbilical cord still attached, on Feb. 24, French authorities said at the time.

The body had been moved to a trash can nearby; it was wrapped in a cloth when it was found, Barron’s and CNN reported, respectively, citing local police. The case is being investigated as a homicide.

Prosecutors in Paris say the mother, who is yet to be publicly named, was taken to the hospital for surgery, and was held in police custody there.

Now, local defense attorneys are weighing in on what’s ahead for the woman. 

Avi Bitton and Lois P. Lesot, criminal defense lawyers in Paris, tell PEOPLE a key factor determining her fate is whether she was aware of her pregnancy.

The Paris public prosecutor’s office said in the initial stages of the investigation that “denial of pregnancy,” a psychological condition, is being considered in the case. The condition occurs when a woman is unable or unwilling to admit she is pregnant.

“Whether she knew or not that she was pregnant could have an impact on her defense, as it would not place her in the same mental state at the time of event,” Lesot says.

“She would not receive the same treatment if she knew she was pregnant and premeditated to kill the baby once it was born or if she had just found out while giving birth and acted on an impulse,” she added.

After establishing their case, and if they have sufficient evidence, investigators will decide whether to take it to the criminal court, the experts say. 

“I believe that the outcome of this case will depend on her mental state,” Bitton says. “Indeed, under French law, a person who, at the time of the events, was suffering from a mental or neuropsychiatric disorder which had abolished their discernment or control over their actions is not criminally liable.” 

He adds, however, that such a case is a rarity.

The woman could spend as long as three years in pre-trial detention, Bitton and Lesot say.

There are provisions for her to be released before that under judicial review on specific conditions, such as not being allowed to leave French territory as the investigation continues, the legal experts say.  

The investigation, which authorities have been tight-lipped about, will likely include an assessment of her mental health, interviews with witnesses and an autopsy of the infant, per Bitton and Lesot. 

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If convicted, under the United States’ extradition agreement with France, there are provisions that could allow her to serve her sentence in the U.S., Bitton says. 

It is not clear if the woman has retained an attorney to speak on her behalf.