A woman was walking around a grocery store with her two young children, when she was approached by a police officer, who threatened to arrest her. What was the nature of his threat? The woman was breastfeeding one of her babies. Apparently, the officer felt that the woman was exposing herself and asked her to cover up. The woman countered that it is legal to breastfeed in public, but the officer did not agree. He claimed that he could see the most private area of the breast and some might find that offensive. He told her that if someone else saw those parts as well, he would most definitely arrest her. After taking to Facebook to express her disgust with the situation, the Sheriff issued an apology, confirming that breastfeeding in public is allowed. How is it that an officer doesn’t know the law? Just because it may have made him uncomfortable, doesn’t mean that it’s illegal. So, could a nursing mother be arrested for breastfeeding in public in Greeley, Erie or Evans? Let’s look at the Indecent Exposure and Public Indecency laws to find out.
Weld County Indecent Exposure Lawyer: What is the Definition of Indecent Exposure?
The Colorado law definition of Indecent Exposure – C.R.S. 18-7-302 – is:
(a) If he or she knowingly exposes his or her genitals to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person with the intent to arouse or to satisfy the sexual desire of any person;
(b) If he or she knowingly performs an act of masturbation in a manner which exposes the act to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person.
In Weld, Morgan, and Logan County, breastfeeding would not be considered Indecent Exposure. The statute discusses exposing genitalia, which under Colorado law does not include breasts, and masturbation, neither of which apply to breastfeeding in public.
Fort Lupton and Weld County Public Indecency Lawyer: What is the Definition of Public Indecency and Does It Apply to Breastfeeding?
The Colorado law definition of Public Indecency – C.R.S. 18-7-301 – is:
(a) An act of sexual intercourse; or
(c) A lewd exposure of an intimate part as defined by section 18-3-401 (2) of the body, not including the genitals, done with intent to arouse or to satisfy the sexual desire of any person; or
(d) A lewd fondling or caress of the body of another person; or
(e) A knowing exposure of the person’s genitals to the view of a person under circumstances in which such conduct is likely to cause affront or alarm to the other person.
This statute, while it does address the exposure of one’s breasts, would still not apply to breastfeeding mothers. “Intimate parts” include breasts, so under part (c), exposing one’s breasts is an offense, but it has to be with the intent to arouse or satisfy a sexual desire. The sexual aspect does not apply to breastfeeding mothers, and therefore, a Public Indecency charge would not stand in Fort Lupton or Fort Morgan. It looks like the police officer or deputy sheriff narrowly missed a false arrest lawsuit.
If you or someone you love has been charged with Indecent Exposure or Public Indecency, be smart, exercise your right to remain silent and contact the best Indecent Exposure criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free consultation today. Together, we can protect your future.
Image Source: Pixabay-jakobking85