STATE OF NEW YORK ________________________________________________________________________ 3133 2025-2026 Regular Sessions IN ASSEMBLY January 23, 2025 ___________ Introduced by M. of A. DINOWITZ, BERGER -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to the crime of masked harassment and aggravated harassment The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. During the COVID-19 pandemic, when 2 masks became essential for public health reasons, many anti-masked 3 harassment laws across the country were suspended, modified, or in New 4 York state's case, completely repealed. 5 The original intent behind these late 19th and early 20th century laws 6 - to prevent masked individuals and groups from engaging in public 7 intimidation or violence - remains wholly relevant today. New York 8 state currently faces a new era of masked harassment and intimidation. 9 Individuals who are targeting others with violence and intimidation are 10 using masks and other face coverings as a tool to place their targets in 11 fear of physical harm. This anti-masked harassment legislation would 12 reinstate an anti-masked harassment law in New York following its 13 repeal because of public health considerations during the COVID-19 14 pandemic, and has been modified to address these health and safety 15 concerns. 16 The recent insurrection at the U.S. Capitol in 2021, is a quintessen- 17 tial example of how individuals who threaten and intimidate their 18 targets have worn masks to place others in fear for their physical safe- 19 ty, including during the commission of violent criminal acts. Masked 20 actors, like the KKK in the past, frequently rely on their anonymity to 21 intimidate, provoke violence, and carry out acts of terrorism. 22 Anti-masked harassment laws can serve as an effective deterrent 23 against such identity-based violence. 24 In the effort to continue to uphold free speech protections enshrined 25 in the U.S. and New York Constitutions -- while also protecting the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02066-05-5

A. 3133 2 1 safety of all New Yorkers -- this legislation acknowledges that masks 2 are worn for many lawful purposes, including to protect one's health and 3 safety or for religious reasons, and accordingly provides appropriate 4 carveouts. 5 This measure is not only a legal necessity, but a moral imperative to 6 ensure the rights of all New Yorkers are protected to the fullest extent 7 of the law. With this legislation, New York will send a clear message: 8 masked harassment and violence will not be tolerated in our state. 9 § 2. The penal law is amended by adding a new section 240.12 to read 10 as follows: 11 § 240.12 Masked harassment. 12 1. A person is guilty of the crime of masked harassment when such 13 person wears a mask or other face covering that intentionally hides or 14 conceals their face for the primary purpose of menacing or threatening 15 violence against another person or placing another person or group of 16 persons in reasonable fear for their physical safety. 17 2. It shall not constitute an offense of masked harassment under this 18 section where a person is not wearing a mask or face covering for the 19 primary purpose of menacing or threatening violence against another 20 person or placing another person or group of persons in reasonable fear 21 for their physical safety, including: 22 (a) wearing a mask or face covering on or near the occasion of a holi- 23 day, celebration or other event involving costumes; 24 (b) wearing a mask or face covering for the purpose of ensuring the 25 physical safety of the wearer or because of the nature of the person's 26 occupation, trade, or profession; 27 (c) wearing a mask or face covering for the purpose of protection from 28 the weather elements or while participating in a winter sport; 29 (d) wearing a mask or face covering in an artistic or theatrical 30 production or celebration; 31 (e) wearing a gas mask or other protective facial covering for the 32 purposes of protection during or related to an emergency situation, or 33 during emergency management drills; 34 (f) wearing a medical mask, face shield, or other similar face cover- 35 ing with the intention of ensuring one's physical health and safety or 36 the health and safety of others, including but not limited to limiting 37 the spread of airborne illnesses; or 38 (g) wearing a mask or face covering for religious purposes. 39 Masked harassment is a violation. 40 § 3. Subdivision 3 of section 240.30 of the penal law, as amended by 41 chapter 545 of the laws of 2024, is amended to read as follows: 42 3. (a) With the intent to harass, annoy, threaten or alarm another 43 person, or while wearing a mask or face covering to intentionally 44 conceal one's identity and for the primary purpose of placing another 45 person or group in reasonable fear for their physical safety, [~~he or~~ 46 ~~she~~] such person strikes, shoves, kicks, or otherwise subjects another 47 person to physical contact, including removing a religious clothing 48 article or headdress from such person, or attempts or threatens to do 49 the same because of a belief or perception regarding such person's race, 50 color, national origin, ancestry, gender, gender identity or expression, 51 religion, religious practice, age, disability or sexual orientation, 52 regardless of whether the belief or perception is correct. 53 (b) It shall not constitute the offense of aggravated harassment in 54 the second degree under this section where a person is not wearing a 55 mask or face covering for the primary purpose of placing another person 56 or group in reasonable fear for their physical safety while striking,

A. 3133 3 1 shoving, kicking, or otherwise subjecting another person to physical 2 contact, including removing a religious clothing article or headdress 3 from such person, or attempting or threatening to do the same because of 4 a belief or perception regarding such person's race, color, national 5 origin, ancestry, gender, gender identity or expression, religion, reli- 6 gious practice, age, disability or sexual orientation, regardless of 7 whether the belief or perception is correct, including: 8 (i) wearing a mask or face covering on or near the occasion of a holi- 9 day, celebration or other event involving costumes; 10 (ii) wearing a mask or face covering for the purpose of ensuring the 11 physical safety of the wearer or because of the nature of the person's 12 occupation, trade, or profession; 13 (iii) wearing a mask or face covering for the purpose of protection 14 from the weather elements or while participating in a winter sport; 15 (iv) wearing a mask or face covering in an artistic or theatrical 16 production or celebration; 17 (v) wearing a gas mask or other protective facial covering for the 18 purposes of protection during or related to an emergency situation, or 19 during emergency management drills; 20 (vi) wearing a medical mask, face shield, or other similar face cover- 21 ing with the intention of ensuring one's physical health and safety or 22 the health and safety of others, including but not limited to limiting 23 the spread of airborne illnesses; or 24 (vii) wearing a mask or face covering for religious purposes; or 25 § 4. This act shall take effect immediately.

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