Mothering › Mothering Discussion Forums › Breastfeeding › Lactivism › Can one get arrested in certain states?
New Posts  All Forums:
 

Can one get arrested in certain states?

post #1 of 27
7/16/10 at 4:09am
Thread Starter 
If you live in a state that does not exclude breastfeeding from public indecency laws, could you get arrested for NIP uncovered?

I'm looking to move to a different state and am trying to cover all of my bases. I live in Illinois and frequently NIP uncovered.
Sponsored Links
post #2 of 27
7/16/10 at 2:06pm
Not sure if you could be *arrested* for breastfeeding in public, but here is a breakdown of breastfeeding laws by state if you're interested:

http://www.ncsl.org/default.aspx?tabid=14389
post #3 of 27
7/16/10 at 2:14pm
Your covered (well, unless you dont want to be ) in NY State baby!

http://www.nyclu.org/node/2041

I carry that baby around in my purse. and I am not even currently nursing. I keep it to have to throw at someone if I happen to catch a mama being discrimminated against.
post #4 of 27
7/16/10 at 2:54pm
Yes, technically you can be arrested for NIP. Most law enforcement officers would not arrest you for it, but as far as the law is concerned...if you break it, they can arrest you.
post #5 of 27
7/16/10 at 4:14pm
I remember reading that, technically, before the law in MA was passed (last spring), one could, in theory, be arrested, charged for indecent exposure, and then forced to register as a sex offender! Now, I doubt that actually happened to anyone (would have caused quite an uproar), but it goes to show how necessary such protections are.
post #6 of 27
7/16/10 at 4:24pm

Arrested and found guilty are different

Depending upon the individual state's laws I suppose you could be arrested. However, the majority of states and federal property are covered under breastfeeding laws. I would seriously doubt that if arrested you would be officially charged, and if you were you would have an excellent case based upon the current legislation elsewhere.

I remember reading (not sure where or else I would source it here), that the breastfeeding laws were intended as extra insurance for NIP mothers. That even before they were passed women were legally allowed to NIP; that they were passed to prevent naysayers from saying, "Well, where does it say she CAN..." Just because there isn't a law stating a certain behavior is permissible, doesn't mean that it isn't. We would need a lot of new legislation then.

If you know where you are moving, contact a local LLL chapter and ask; they should have an answer. Or I'm sure there is at least one legal expert from every state on these boards, just post more specifics when you know.
post #7 of 27
7/16/10 at 7:47pm
As I understand it, NIP is not illegal in any state. So you couldn't be rightly arrested just for NIP. You could be arrested for trespassing if you refused to leave when asked, or possibly indecent exposure, or disturbing the peace or something.
post #8 of 27
7/16/10 at 7:52pm
Thread Starter 
It's just that not all states exclude nursing in public from public indecency laws- so theoretically if you flashed your nipple for a second, it could legally be called "indecent exposure", right?
post #9 of 27
7/16/10 at 10:11pm
Yes, I should have been clearer when I said you could be arrested for NIP. You wouldn't be arrested for nursing, but for exposing your nipple if it was showing.
post #10 of 27
7/16/10 at 11:32pm
Thread Starter 
Oy
post #11 of 27
7/17/10 at 2:03am
Illinois:

Ill. Rev. Stat. ch. 20 § 2310/55.84 (1997) allows the Department of Public Health to conduct an information campaign for the general public to promote breastfeeding of infants by their mothers. The law allows the department to include the information in a brochure for free distribution to the general public. (Ill. Laws, P.A. 90-244)

Ill. Rev. Stat. ch. 705 § 305/10.3 (2005) amends the Jury Act. Provides that any mother nursing her child shall, upon her request, be excused from jury duty. (Ill. Laws, P.A. 094-0391, SB 517)

Ill. Rev. Stat. ch. 720 § 5/11-9 (1995) clarifies that breastfeeding of infants is not an act of public indecency. (SB 190)

Ill. Rev. Stat. ch. 740 § 137 (2004) creates the Right to Breastfeed Act. The law provides that a mother may breastfeed her baby in any location, public or private, where the mother is otherwise authorized to be; a mother who breastfeeds in a place of worship shall follow the appropriate norms within that place of worship. (SB 3211)

Ill. Rev. Stat. ch. 820 § 260 (2001) creates the Nursing Mothers in the Workplace Act. Requires that employers provide reasonable unpaid break time each day to employees who need to express breast milk. The law also requires employers to make reasonable efforts to provide a room or other location, other than a toilet stall, where an employee can express her milk in privacy. (SB 542)
post #12 of 27
7/17/10 at 3:28am
Thread Starter 
I know I'm clear in Illinois My question was about other states that don't exclude breastfeeding from public indecency laws.
post #13 of 27
7/17/10 at 11:20am
I *think* all but one state has a law in place protecting a mother's right to NIP. West Virginia is the only state, I believe, that does not have at least something on the books.
post #14 of 27
7/17/10 at 11:45am
Yes, West Virginia is the only state with no breastfeeding laws protecting moms on the books. Several other states do not have the protection from prosecution law in place but DO have a right to BF law-which also means arrest cannot happen because you cannot be arrested for something you have the right to do.

It is theoretically possible even with laws on the books to be arrested under another law for NIP but I have never heard of such a thing happening(I have heard of business owners/managers trying to have a BF mom arrested for trespassing or disturbing the peace for refusing to leave the business).

Even with all the possibilities-rare as they are- It would seem that the odds of this ever actually happening are slim to none.
post #15 of 27
7/17/10 at 5:16pm
Thread Starter 
Thanks, that makes alot of sense Raine!
post #16 of 27
7/17/10 at 6:07pm
Quote:
Originally Posted by WindyCityMom View Post
If you live in a state that does not exclude breastfeeding from public indecency laws, could you get arrested for NIP uncovered?

I'm looking to move to a different state and am trying to cover all of my bases. I live in Illinois and frequently NIP uncovered.
This article http://www.mothering.com/breastfeedi...tation-and-law and this map http://www.mothering.com/sites/resources/laws.pdf should be helpful. To my knowledge there has never been an arrest of a breastfeeding women for indecent exposure, either before or since these laws were enacted. Arrest is possible for trespass under many state laws (see the article) but not indecent exposure.

Hope that helps.
post #17 of 27
7/17/10 at 6:13pm
Quote:
Originally Posted by Raine822 View Post
Yes, West Virginia is the only state with no breastfeeding laws protecting moms on the books.

Actually West Virginia, Nebraska and Idaho. Three left with nothing concerning breastfeeding in public.
post #18 of 27
7/17/10 at 7:02pm
Thanks! I completely missed that Idaho and Nebraska only have jury duty laws. I saw text and assumed.
post #19 of 27
7/17/10 at 7:06pm
Quote:
Originally Posted by Raine822 View Post
Thanks! I completely missed that Idaho and Nebraska only have jury duty laws. I saw text and assumed.

That is why I made the map. The NCSL site makes it look like every state has a law that really helps breastfeeding mothers but there is a lot of fluff out there.
post #20 of 27
7/17/10 at 8:21pm
Quote:
Originally Posted by Raine822 View Post
Thanks! I completely missed that Idaho and Nebraska only have jury duty laws. I saw text and assumed.
Ooops, I did the same thing. D'oh.
New Posts  All Forums:
 
  Return Home
  Back to Forum: Lactivism
Mothering › Mothering Discussion Forums › Breastfeeding › Lactivism › Can one get arrested in certain states?