S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3133
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:

   Section  1.  Legislative  intent.  During  the COVID-19 pandemic, when
 masks became essential  for  public  health  reasons,  many  anti-masked
 harassment  laws  across the country were suspended, modified, or in New
 York state's case, completely repealed.
   The original intent behind these late 19th and early 20th century laws
 - to prevent masked individuals  and  groups  from  engaging  in  public
 intimidation  or  violence  -  remains wholly relevant today.   New York
 state currently faces a new era of masked harassment  and  intimidation.
 Individuals  who are targeting others with violence and intimidation are
 using masks and other face coverings as a tool to place their targets in
 fear of physical harm.   This anti-masked harassment  legislation  would
 reinstate  an  anti-masked  harassment  law  in New York   following its
 repeal because of  public  health  considerations  during  the  COVID-19
 pandemic,  and  has  been  modified  to  address these health and safety
 concerns.
   The recent insurrection at the U.S. Capitol in 2021, is a  quintessen-
 tial  example  of  how  individuals  who  threaten  and intimidate their
 targets have worn masks to place others in fear for their physical safe-
 ty, including during the commission of violent criminal  acts.    Masked
 actors,  like the KKK in the past, frequently rely on their anonymity to
 intimidate, provoke violence, and carry out acts of terrorism.
   Anti-masked harassment  laws  can  serve  as  an  effective  deterrent
 against such identity-based violence.
   In  the effort to continue to uphold free speech protections enshrined
 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
 
 safety  of  all  New Yorkers -- this legislation acknowledges that masks
 are worn for many lawful purposes, including to protect one's health and
 safety or for religious reasons, and  accordingly  provides  appropriate
 carveouts.
   This  measure is not only a legal necessity, but a moral imperative to
 ensure the rights of all New Yorkers are protected to the fullest extent
 of the law. With this legislation, New York will send a  clear  message:
 masked harassment and violence will not be tolerated in our state.
   §  2.  The penal law is amended by adding a new section 240.12 to read
 as follows:
 § 240.12 MASKED HARASSMENT.
   1.  A PERSON IS GUILTY OF THE CRIME OF  MASKED  HARASSMENT  WHEN  SUCH
 PERSON   WEARS A MASK OR OTHER FACE COVERING THAT INTENTIONALLY HIDES OR
 CONCEALS THEIR FACE FOR THE PRIMARY PURPOSE OF MENACING  OR  THREATENING
 VIOLENCE  AGAINST  ANOTHER  PERSON OR PLACING ANOTHER PERSON OR GROUP OF
 PERSONS IN REASONABLE FEAR FOR THEIR PHYSICAL SAFETY.
   2. IT SHALL NOT CONSTITUTE AN OFFENSE OF MASKED HARASSMENT UNDER  THIS
 SECTION  WHERE  A  PERSON IS NOT WEARING A MASK OR FACE COVERING FOR THE
 PRIMARY PURPOSE OF MENACING  OR  THREATENING  VIOLENCE  AGAINST  ANOTHER
 PERSON  OR PLACING ANOTHER PERSON OR GROUP OF PERSONS IN REASONABLE FEAR
 FOR THEIR PHYSICAL SAFETY, INCLUDING:
   (A) WEARING A MASK OR FACE COVERING ON OR NEAR THE OCCASION OF A HOLI-
 DAY, CELEBRATION OR OTHER EVENT INVOLVING COSTUMES;
   (B) WEARING A MASK OR FACE COVERING FOR THE PURPOSE  OF  ENSURING  THE
 PHYSICAL  SAFETY  OF THE WEARER OR BECAUSE OF THE NATURE OF THE PERSON'S
 OCCUPATION, TRADE, OR PROFESSION;
   (C) WEARING A MASK OR FACE COVERING FOR THE PURPOSE OF PROTECTION FROM
 THE WEATHER ELEMENTS OR WHILE PARTICIPATING IN A WINTER SPORT;
   (D) WEARING A MASK OR FACE  COVERING  IN  AN  ARTISTIC  OR  THEATRICAL
 PRODUCTION OR CELEBRATION;
   (E)  WEARING  A  GAS  MASK OR OTHER PROTECTIVE FACIAL COVERING FOR THE
 PURPOSES OF PROTECTION DURING OR RELATED TO AN EMERGENCY  SITUATION,  OR
 DURING EMERGENCY MANAGEMENT DRILLS;
   (F)  WEARING A MEDICAL MASK, FACE SHIELD, OR OTHER SIMILAR FACE COVER-
 ING WITH THE INTENTION OF ENSURING ONE'S PHYSICAL HEALTH AND  SAFETY  OR
 THE  HEALTH  AND SAFETY OF OTHERS, INCLUDING BUT NOT LIMITED TO LIMITING
 THE SPREAD OF AIRBORNE ILLNESSES; OR
   (G) WEARING A MASK OR FACE COVERING FOR RELIGIOUS PURPOSES.
   MASKED HARASSMENT IS A VIOLATION.
   § 3.  Subdivision 3 of section 240.30 of the penal law, as amended  by
 chapter 545 of the laws of 2024, is amended to read as follows:
   3.  (A)  With  the  intent to harass, annoy, threaten or alarm another
 person, OR WHILE WEARING  A  MASK  OR  FACE  COVERING  TO  INTENTIONALLY
 CONCEAL  ONE'S  IDENTITY  AND FOR THE PRIMARY PURPOSE OF PLACING ANOTHER
 PERSON OR GROUP IN REASONABLE FEAR FOR THEIR  PHYSICAL  SAFETY,  [he  or
 she]  SUCH  PERSON strikes, shoves, kicks, or otherwise subjects another
 person to physical contact,  including  removing  a  religious  clothing
 article  or  headdress  from such person, or attempts or threatens to do
 the same because of a belief or perception regarding such person's race,
 color, national origin, ancestry, gender, gender identity or expression,
 religion, religious practice, age,  disability  or  sexual  orientation,
 regardless of whether the belief or perception is correct.
   (B)  IT  SHALL  NOT CONSTITUTE THE OFFENSE OF AGGRAVATED HARASSMENT IN
 THE SECOND DEGREE UNDER THIS SECTION WHERE A PERSON  IS  NOT  WEARING  A
 MASK  OR FACE COVERING FOR THE PRIMARY PURPOSE OF PLACING ANOTHER PERSON
 OR GROUP IN REASONABLE FEAR FOR THEIR PHYSICAL  SAFETY  WHILE  STRIKING,
 A. 3133                             3
 
 SHOVING,  KICKING,  OR  OTHERWISE  SUBJECTING ANOTHER PERSON TO PHYSICAL
 CONTACT, INCLUDING REMOVING A RELIGIOUS CLOTHING  ARTICLE  OR  HEADDRESS
 FROM SUCH PERSON, OR ATTEMPTING OR THREATENING TO DO THE SAME BECAUSE OF
 A  BELIEF  OR  PERCEPTION  REGARDING SUCH PERSON'S RACE, COLOR, NATIONAL
 ORIGIN, ANCESTRY, GENDER, GENDER IDENTITY OR EXPRESSION, RELIGION, RELI-
 GIOUS PRACTICE, AGE, DISABILITY OR  SEXUAL  ORIENTATION,  REGARDLESS  OF
 WHETHER THE BELIEF OR PERCEPTION IS CORRECT, INCLUDING:
   (I) WEARING A MASK OR FACE COVERING ON OR NEAR THE OCCASION OF A HOLI-
 DAY, CELEBRATION OR OTHER EVENT INVOLVING COSTUMES;
   (II)  WEARING  A MASK OR FACE COVERING FOR THE PURPOSE OF ENSURING THE
 PHYSICAL SAFETY OF THE WEARER OR BECAUSE OF THE NATURE OF  THE  PERSON'S
 OCCUPATION, TRADE, OR PROFESSION;
   (III)  WEARING  A  MASK OR FACE COVERING FOR THE PURPOSE OF PROTECTION
 FROM THE WEATHER ELEMENTS OR WHILE PARTICIPATING IN A WINTER SPORT;
   (IV) WEARING A MASK OR FACE COVERING  IN  AN  ARTISTIC  OR  THEATRICAL
 PRODUCTION OR CELEBRATION;
   (V)  WEARING  A  GAS  MASK OR OTHER PROTECTIVE FACIAL COVERING FOR THE
 PURPOSES OF PROTECTION DURING OR RELATED TO AN EMERGENCY  SITUATION,  OR
 DURING EMERGENCY MANAGEMENT DRILLS;
   (VI) WEARING A MEDICAL MASK, FACE SHIELD, OR OTHER SIMILAR FACE COVER-
 ING  WITH  THE INTENTION OF ENSURING ONE'S PHYSICAL HEALTH AND SAFETY OR
 THE HEALTH AND SAFETY OF OTHERS, INCLUDING BUT NOT LIMITED  TO  LIMITING
 THE SPREAD OF AIRBORNE ILLNESSES; OR
   (VII) WEARING A MASK OR FACE COVERING FOR RELIGIOUS PURPOSES; or
   § 4. This act shall take effect immediately.