> Our Massachusetts law is currently stuck in committee, but this is akin
> to a question I raised when researching the issue last year, to which I
> have never heard an answer.
>
> We pass the laws to ensure that breastfeeding is spelled out clearly as
> being protected.  Otherwise it is in danger of being considered "lewd
> and lascivious behavior."

"Lewd and lascivious conduct" is one possibility though those statutes
usually have an intent component - meaning the perpetrator intended to
illicit a certain response from someone. Each statute reads differently
so I can not say this is universally true, but intent is very hard to
prove.  "Indecent exposure" more often does not have the same kind of
intent requirement.  "Indecent exposure" is about what you show, not
necessarily what you do.  Again, there are state by state differences.

>
> How does this relate to sex offender reporting laws?  A man near Boston
> got "Megan's Lawed" for urinating off his own porch.  He ended up in the
> database as a sex offender.
>
> In the Judiciary Committee our proposed law was amended to only give
> clearance to mothers nursing children under 3 years of age.  This leaves
> mothers of older toddlers specifically unprotected.

This is an extremely important point that you raise.  Drafting the
legislation with an age limitation implies that those nursing children 3
and older are engaging in some potentially illegal conduct.  It doesn't
say that nursing 3 and over *is* lewd and lascivious but it would leave
the question open.  This language would be cause for concern to me.

As for whether one is brought in under a "Megan's Law," that possibility
exists in the absence of a protective statute as well.  (One of the many
reasons I am opposed to "Megan's Law" but I won't go there)  If the risk
exists that a mother breastfeeding in public is going to be charged and
convicted under any statute (and in half of our states it does), then
carefully drafted legislation is needed.  If your legislation is amended
in committee to exclude certain breastfeeding mothers, have your
legislator withdraw the bill from consideration. Bad law is worse then
no law.

>
> My question was, IF a mother was to be arrested for nursing in public
> under lewdness statues, could she be charged as a SEX OFFENDER?  Could
> she end up on The List?

She is charged with the crime in the statute.  If that crime is one of
the listed crimes under your "Megan's Law," what she did to be charged
is of no consequence.  By the way, generally it takes more than the
charge, but a conviction as well.  But if the mom is convicted of a
"Megan's Law" crime, she is subject to whatever reporting, labeling,
etc., the law requires.


>
> Since the stakes are so high now (even an accusation of sexual abuse can
> ruin a person's life) is this an angle to take when proposing
> legislation?  Has this already been thought of and dismissed?  Am I just
> paranoid?

I only know about what went on during the drafting and proposal of
protective breastfeeding legislation here in Pennsylvania.  It was a
long time ago (6 years or so), the law never got out of committee, and
it has not been addressed since.  Pennsylvania is one of the states
without protective legislation.  We also don't have a "Megan's Law."

Next door in New Jersey, there is breastfeeding legislation and New
Jersey is the home of "Megan's Law."  But, as in Pennsylvania, the
criminal statute that was amended to exclude breastfeeding was, I
believe, "indecent exposure" which I do not think is a "Megan's Law"
offense.

No you are not paranoid.  You raise an important issue to be considered
when drafting legislation in states with "Megan's Law" type statutes.

>
> regards,
> Beth
> Perinatal Educator

Hope that helps,

Jake
--
Jake Aryeh Marcus: IBCLC2B; freelance writer and editor; lawyer;
homeschooling work-at-home mom to Luca (7/94), Nicholas (5/97), & Aidan
(3/00).  mailto:[log in to unmask]
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