Public Breastfeeding Law

20-27-2001. Breastfeeding in public.

A woman may breastfeed a child in a public place or any place where other individuals are present.

HISTORY: Acts 2007, No. 680, § 2.

5-14-112. Indecent exposure.

(a) A person commits indecent exposure if, with the purpose to arouse or gratify a sexual desire of himself or herself or of any other person, the person exposes his or her sex organs:

(1) In a public place or in public view; or

(2) Under circumstances in which the person knows the conduct is likely to cause affront or alarm.

(b) (1) Except as provided in subdivisions (b)(2) and (b)(3) of this section, indecent exposure is a Class A misdemeanor.

(2) For a fourth or fifth conviction within ten (10) years of a previous conviction, indecent exposure is a Class D felony.

(3) For a sixth conviction and each successive conviction within ten (10) years of a previous conviction, indecent exposure is a Class C felony.

(c) A woman is not in violation of this section for breastfeeding a child in a public place or any place where other individuals are present.

HISTORY: Acts 1975, No. 280, § 1812; A.S.A. 1947, § 41-1812; Acts 1997, No. 817, § 1; 2001, No. 1553, § 7; 2001, No. 1665, § 1; 2001, No. 1821, § 2; 2003, No. 862, § 1; 2005, No. 1815, § 1; 2005, No. 1962, § 5; 2007, No. 38, § 1; No. 680, § 1.

Enforcement Provision


Workplace Pumping Law

11-5-116. Break time for expressing breast milk.

(a) (1) An employer shall provide reasonable unpaid break time each day to an employee who needs to express breast milk for her child in order to maintain milk supply and comfort.

(2) To the extent possible, the break time required under subdivision (a)(1) of this section shall run concurrently with any paid or unpaid break time already provided to the employee.

(b) (1) An employer shall make a reasonable effort to provide a private, secure, and sanitary room or other location in close proximity to the work area, other than a toilet stall, where an employee can express her breast milk.

(2) The room or location provided under subdivision (b)(1) of this section may include the employee’s normal work space if the employee’s normal work space meets the requirements of this section.

(c) This section does not require an employer to provide break time if to do so would create an undue hardship on the operations of the employer.

(d) The employee shall make reasonable efforts to minimize disruption to the employer’s operations.

HISTORY: Acts 2009, No. 621, § 1.

Enforcement Provision

None apparent.

24 Responses to “Arkansas”

  1. Renee says:

    While sitting in a courtroom in the Miller County Courthouse today, I was told that I would have to leave because I was descreetly nursing my baby. I could not believe it. This is the third baby that I have nursed and I have never been told that before. There are laws on the books in Arkansas, as well as a federal law, that says I have the right to nurse my baby in public if I so desire. There was no skin showing and I would say that 99% of the people there had no idea that my baby was nursing. I would love to give a shout out to media and let them know how I was treated while at the Miller County Courthouse today and still might do that. The man who came over and told me I couldn’t be doing that, and that I would have to leave was a total jerk and such a smart alleck. I would love to put him in his place with the law…..

    • admin says:

      You can see the Arkansas law on this page. However, courtrooms are essentially owned by the judges who can make whatever crazy rules of conduct they want. But going to the press is a good option. Plus, if it was not the judge who told you not to nurse there, it was someone who did not have the authority too. If that is so, it should be brought to the attention of the superior of whoever spoke to you.

  2. Candice says:

    (a) A person commits indecent exposure if, with the purpose to arouse or gratify a sexual desire of himself or herself or of any other person, the person exposes his or her sex organs.
    In this instance, what is the definition of “sex organ”?
    sex organ – any organ involved in sexual reproduction.
    This is the definition that I keep finding. Nowhere does it say “breasts”. Is this definition subjective?

    • admin says:

      There is likely case law that assists in defining but I do not practice in Arkansas so can not say. To my knowledge no breastfeeding women has ever been charged with that offense in Arkansas.

  3. Krissie Wright says:

    Iv herd that other states have made it illegal to bf in a restroom to protect the bfing mom. Other states its illegal to even ask her to go to the bathroom. Does ark have this?? If not how could we go about getting it?

  4. daniele says:

    that’s a great article and great website! thanks a lot! I’m a Brazilian traveling with my one year old for the first time to visit his family at Arkansas! I could never imagine that I could face problems for breastfeeding in public as this is not even an issue in Sao Paulo, I carry him in a sling and breastfeed literally everywhere! and if someone says something I can basically tell them top f#$^#/ themselves!!!! so this website was really essential for us at this point! thank you so much! great job! :-)

  5. Dody says:

    What is the law on age of breastfeeding. I have had CPS workers harass me for breast feeding a 6 month old. One said if they can walk they are too old to breastfeed. What is the law?

    • admin says:

      There is no law on this. Such a CPS worker is overstepping her authority. If any action is taken against you on this basis, contact an attorney.

  6. Darby says:

    I work for a very small business (less than 10 people) and plan to pump when I return to work in a few months. Former coworkers have pumped in the past, so I know that isn’t an issue, but I am concerned my boss will ask me to come in early or stay late to “make up” for my pumping breaks (I expect the time to be about an hour total during my 8 hour work day); my only real break is my 30 minute unpaid lunch period (restroom visits are unlimited).

    My pumping shouldn’t interfere with business operations as someone else can do my job while I’m pumping, but can I be asked to work extra unpaid time in exchange for pumping?

    • admin says:

      Under Arkansas law, your pump breaks are unpaid. I don’t see any authority to have you make up the time, but the employer is not required to pay you for it.

  7. candace says:

    Can i breastfeed uncovered ?

  8. Age limit? says:

    Is there an age limit to being able to pump while at work? If the child is over the age of 1, can I still feed her?

    • admin says:

      According to the statute you can see above, there is no limit on the age of the child for whom you pump.

      • Jennifer says:

        I found section 7(r) of the Fair Labor Standards Act. It lists the empoyer should provide break time for a mother for one year after the child’s birth. Does that mean they are only required to for one year or you are only allowed to for one year?

        • admin says:

          Please look at the Federal Law section to see why this provision is not actually enforceable. However, any employer can choose voluntarily to give you pump breaks for longer than a year.

  9. sarah says:

    I work for a corporate retail company and get constant remarks about how gross it is to where when we do bag checks my bags wont be look because they dont want to see the milk. Im also given guit trips because its “unfair” i get additional breaks…is this all legal?

  10. Jamie says:

    Are there any laws on breast feeding while riding in a car in Arkansas? I’ve searched and cannot find anything in Arkansas about this.

  11. Monica says:

    I was told I was to go to a back room of a doctors office that I couldn’t breastfeed my newborn in the waiting room because I might offend other people. Although I was the only one in the waiting room. Are they alaud to have me move to another room?

    • admin says:

      This is a violation of Arkanasas’ public breastfeeding law but unfortunately is has no enforcement provision.

  12. Monica says:

    Also while breastfeeding in public. My son is now 5 months and hates being covered while breast feeding do I have to use a cover, is it a law?