A woman accused of pushing her 3-year-old nephew off Chicago's Navy Pier and watching him drown in Lake Michigan has now been charged with murder following the child's death.

Victoria Moreno, 34, was arrested last month. She was initially charged with attempted first-degree murder and aggravated battery to a child under 13, but the charge was upgraded to first-degree murder, Fox 32 Chicago reported.

According to the Chicago Police Department, Moreno pushed Josiah Brown off Navy Pier on the afternoon of Sept. 19. Police said she did not make any attempt to rescue him and initially denied knowing who he was.

Aunt and child who drowned in a photo side by side

Cook County prosecutors say Victoria Moreno threw Josiah Brown into Lake Michigan and watched him drown. She is now facing murder charges after the child died. (Chicago Police/Legal Help Firm )

Divers were called to the scene and pulled the toddler from the lake after about 30 minutes, according to Cook County prosecutors. He was rushed to Lurie Children’s Hospital in severe condition.

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He died days later, on Sept. 25, following bleeding in his lungs, seizures and a heart infusion.

Chicago Navy Pier search

Surveillance video in the area allegedly shows Moreno doing nothing to help the child, her nephew, who was in the water drowning.  (FOX 32)

Prosecutors said on the morning of Sept. 19, Moreno stole the keys to the family's truck in suburban Des Plains and took off with the boy when no one was looking. She was not allowed to drive the car because she takes medication for "mental health issues."

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Navy Pier water

Surveillance video in the area allegedly shows Moreno doing nothing to help the child who was in the water drowning. The child was eventually rescued, but not before he vomited twice and sank in Lake Michigan before people nearby threw in a flotation device.  (FOX 32)

In bond court Tuesday, Moreno's attorney claimed Moreno did not intentionally push the Brown into the water, but was instead standing over the toddler when he fell. Moreno's attorney said Moreno has been diagnosed with anxiety, depression and bipolar disorder.

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The judge determined Moreno is a "danger to the community" and ordered her hold without bail.