Establishes masked harassment when a person wears a mask or other face covering that intentionally hides or conceals their face for the primary purpose of menacing or threatening another person or placing another person or group of persons in reasonable fear for their physical safety.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3133REVISED 1/24/25
SPONSOR: Dinowitz
 
TITLE OF BILL:
An act to amend the penal law, in relation to the crime of masked
harassment and aggravated harassment
 
PURPOSE:
Creates the crime of masked harassment as a• violation. Amends the
crime of aggravated harassment in the second degree to account for
masked harassment.
 
SUMMARY OF PROVISIONS:
Section one of the bill provides the legislative intent.
Section two of the bill adds section 240.12 to the penal law to make a
person is guilty of the crime of masked harassment when they wear 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 reason-
able fear for their physical safety. This section specifies that it does
not constitute an offense of masked harassment where a person is not
wearing a mask or face covering for the primary purpose of menacing
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 while wearing a mask or face cover-
ing on or near the occasion of a holiday, celebration, or other event
involving costumes, to ensure their physical safety because of their
occupation, trade, or profession, for protection against weather
elements or participation in winter sports, for artistic or theatrical
production or celebration, for protection during or related to an emer-
gency situation or during emergency management drills, with the inten-
tion of ensuring one's physical health and safety or the healt h and
safety of others, including but not limited to limiting the spread of
airborne illnesses, or for religious purposes.This section states that
masked harassment is a violation.
Section three of the bill amends subdivision 3 of § 240.30 of the penal
law to additionally make a person guilty of aggravated harassment in the
second degree when while wearing a mask or face covering to inten-
tionally conceal their identity and for the primary purpose of placing
such person or group in reasonable fear for their physical safety, they
strike, shove, kick, or otherwise subject another person to physical
contact, including by 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, reli-
gious practice, age, disability or sexual orientation, regardless of
whether the belief or perception is correct. This section specifies that
it does not constitute an offense of aggravated harassment in the second
degree where a person is not wearing a mask or face covering for the
primary purpose of mask or face covering for the primary purpose of
placing another person or group in reasonable fear for their physical
safety while striking, 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, religious practice, age, disability or sexual
orientation, regardless of whether the belief or perception is correct,
including while wearing a mask or face covering on or near the occasion
of a holiday, celebration, or other event involving costumes, to ensure
their physical safety because of their occupation, trade, or profession,
for protection against weather elements or participation in winter
sports, for artistic or theatrical production or celebration, for
protection during or related to an emergency situation or during emer-
gency management drills, 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 for religious
purposes. Aggravated harassment in the second degree is a class A misde-
meanor.
Section four of the bill provides the effective date.
 
JUSTIFICATION:
In the State of New York, there has been a resurgence of masked harass-
ment and intimidation in which individuals have intentionally hidden
their identities with face coverings in order to menace, harass, threat-
en, and place others in fear for their physical safety. Anti-masked
harassment laws, which were previously codified in New York, were an
effective deterrent against this conduct.
The purpose of this bill is to prioritize once again public safety by
reintroducing the crime of masked harassment and ensuring that existing
aggravated harassment laws cover this conduct. The new prohibition of
masked harassment is limited to the intentional concealment of a
person's face and identity with the intent to menace, threaten, or place
another person or group in reasonable fear for their physical safety.
This bill also amends the crime of aggravated harassment in the second
degree to include provisions related to masked harassment. This bill is
intended to adhere to and uphold free speech protections enshrined in
the U.S. and New York Constitutions and provides specific carveouts for
face coverings worn for, among other reasons, the protection of one's
health and safety or religious reasons. Nothing in this bill is intended
to be construed to diminish or infringe upon any right protected under
the First Amendment to the Constitution of the United States or Article
I of the Constitution of the State of New York.
 
PRIOR LEGISLATIVE HISTORY:
2023-24: A.10057-A - Codes / S.9867 - Rules
 
FISCAL IMPLICATIONS:
None to the State.
 
EFFECTIVE DATE:
Immediately.
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.