Can someone actually be prosecuted for BFing an "older child" in public if the law only protects...

[filiadeluna]

In Tennessee, breastfeeding in public is only protected by law "up to one year of age". I have a 14-month-old, and I am constantly BFing her in public. I do not use a cover, I am not "discreet". DD is at an age where she is easily distracted and often pops off or lunges for the "other boob", exposing me a bit more, but I don't run around flailing my boobs in peoples' faces either.

I have yet to ever have someone say something negative to me in public, even when DD was younger. However, *if* I was approached by another customer or a business employee and asked to stop or to hide somewhere, could I be arrested, fined, or prosecuted if I don't comply?

Couldn't I just lie and say my baby is only 11 months old and that the law protects me (though she is big for her age as it is)? It's not like I carry her birth certificate with me, and no one would ask for it. If they know the law, they might ask her birth date, though, and I might mess up and tell the truth.

I mean, just because it's not protected doesn't make BFing a baby over one-year-old illegal here, does it? If someone can clear this up for me I would be grateful. I cannot find info online about this as far as TN goes. TIA!

[Tiana]

I'm not a lawyer, nor do I live in your state, so I'm certainly no expert on this, but my thinking is, people aren't prosecuted for approaching and interrupting women who are nursing in public, even when the law says women have the right to do so without interruption, so I doubt you would be prosecuted for nursing your over one year old in public. Also, I really don't think that nursing in public after a year is illegal, it's just no longer protected. If someone came up to you and told you to cover, you would no longer have the law on your side to refuse.

That's the way I've always interpreted nursing in public laws, anyway.

[crunchy_mommy]

As I understand it, the laws only protect you further; there are no laws actually prohibitting public BF'ing. It's unfortunate that TN put an arbitrary limit in there but I would venture to guess most people who would complain about NIP wouldn't be fully aware of the laws anyway. I'd just keep doing what you're doing & hopefully no one will harass you... and also find out if there is a movement in your state to change that part of the law, maybe you could join in.

And to clarfiy, no they can't prosecute you for NIP but theoretically if they asked you to leave a private business or something, and you refused, they COULD prosecute you for trespassing. Then you'd sue them back or something & maybe they'd change their arbitrary limit on NIP.

[phathui5]

I mean, just because it's not protected doesn't make BFing a baby over one-year-old illegal here, does it?

No, it isn't. Nursing in public was never been and isn't illegal in any state. States that have laws protecting it have enacted them because uneducated people gave moms in that state a hard time and the law seemed necessary.