ARIZONA STATE SENATE
Forty-seventh Legislature, Second Regular Session
FACT SHEET FOR H.B. 2376
indecent exposure; breast-feeding
Purpose
Establishes that breast-feeding does not constitute indecent exposure and allows a mother to breast-feed in any area of a public place or public accommodation.
Background
Indecent exposure involves exposure of a person’s genitals or anus, or a woman’s exposure of the areola or nipple of her breast or breasts in the presence of another person, without regard to whether the person present would be offended or alarmed by the act. Indecent exposure is a class 1 misdemeanor, except that if the other person present is under 15 years of age it is a class 6 felony (A.R.S § 13-1402). A person convicted two or more times of indecent exposure to a person under 15 years of age must register as a sex offender (A.R.S. § 13-3821).
In civil rights claims, places of public accommodation is defined to include all public places of entertainment, amusement, recreation, or lodging, all public places where food or beverages are sold and consumed and all establishments that offer their services, facilities or goods to the general public (A.R.S. § 41-1443).
Approximately 15 states establish that breast-feeding is not one or more of the following: a) indecent exposure; b) indecent conduct; c) public nudity; or d) public exposure. Approximately 31 states allow breast-feeding in public places where the woman has the right to be.
There is no anticipated fiscal impact associated with this legislation.
Provisions
1. Specifies that a mother breast-feeding is not indecent exposure.
2. Allows a mother to breast-feed in any public place or place of public accommodation where the mother is legally entitled to be.
3. Makes technical and conforming changes.
4. Becomes effective on the general effective date.
House Action
JUD 2/8/06 W/D
GRGFA 2/15/06 DP 7-0-0
3rd Read 3/9/06 56-3-1
Prepared by Senate Research
March 16, 2006
JE/LB/ac