Can one get arrested in certain states? - Page 2

[Ambystoma]

From NCSL website above.

Twenty-eight states, the District of Columbia and the Virgin Islands exempt breastfeeding from public indecency laws (Alaska, Arizona, Arkansas, Florida, Illinois, Kentucky, Louisiana, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nevada, New Hampshire, New York, North Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Virginia, Washington, Wisconsin and Wyoming).

So in these states, it wouldn't be a "oh, you showed a nipple for a second--INDECENCY!" situation.

[WindyCityMom]

Fortunately I live in one of those states

But nonetheless- I don't know if I should limit my places to move to the above mentioned list of states based on the sole fact that I could get in trouble for flashing a bit of nipple (and I have a pretty distracted pop-on-and-off nurser as well )

[mamajake]

Originally Posted by WindyCityMom

Fortunately I live in one of those states

But nonetheless- I don't know if I should limit my places to move to the above mentioned list of states based on the sole fact that I could get in trouble for flashing a bit of nipple (and I have a pretty distracted pop-on-and-off nurser as well )

"Breastfeeding friendly" places aren't also the same places with strong breastfeeding law. Also every state indecency law is different and a nipple flash wouldn't violate every one even if breastfeeding isn't exempt (for example, it is perfectly legal for women to go topless in Ohio therefore there is no need for a breastfeeding exemption to Ohio indecency law).

As I said above, no women has EVER been charged with indecent exposure for breastfeeding. None. Ever. Calling breastfeeding indecent has always just been a scare tactic and breastfeeding exemptions to public indecency law hasn't resulted in a decrease in harassment for public breastfeeding.

[WindyCityMom]

Aaah, gotcha.

[Banana731]

Originally Posted by Ambystoma

From NCSL website above.



So in these states, it wouldn't be a "oh, you showed a nipple for a second--INDECENCY!" situation.

It wouldn't be indecent, but in some of these states, that is only law pertaining to BF. Your right to do so in any public space is not protected. So a private business could ask you to leave if they wished and be within their rights to do so in a state like Michigan. (where I live )

There are upsides and downsides to living in a state that doesn't seem to like to make a whole lot of laws about personal choices...

[triana1326]

In Maine, a woman can legally go topless without risk of arrest. I've breastfed all over this state, even while getting a tattoo. And never once has anyone objected, so we're a pretty bfing friendly place, I'd say!

So I'd say you're covered *no pun intended, if you want to move here!

[Sustainer]

Originally Posted by WindyCityMom

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?

I don't think so. When a state modifies an indecent exposure law to clarify that breastfeeding is not indecent exposure, they are simply clarifying something that is already a legal truth. They are not giving you a legal right that you didn't have before. It's just to reduce confusion (in other words, to prevent some fool from legally interpreting breastfeeding as indecent even though it obviously isn't). NIP is never indecent exposure, whether state law specifically clarifies this or not.