Bill > S03070

This bill establishes a new crime called "masked harassment" in New York state, which makes it illegal for a person to wear a mask or face covering that intentionally conceals their identity with the primary purpose of menacing, threatening violence, or placing another person or group in reasonable fear for their physical safety. The legislation provides numerous exceptions to ensure that legitimate mask-wearing scenarios are not criminalized, such as wearing masks for holidays, costumes, health protection, religious purposes, occupational safety, weather protection, artistic performances, emergency situations, and medical reasons. The bill's legislative intent highlights the historical context of anti-masked harassment laws, noting how such laws were suspended during the COVID-19 pandemic but remain relevant in preventing intimidation and identity-based violence. By referencing events like the 2021 U.S. Capitol insurrection and historical examples of masked intimidation like the KKK, the bill aims to balance free speech protections with public safety concerns. Masked harassment is classified as a violation, and the bill also modifies existing aggravated harassment statutes to incorporate similar provisions about masked intimidation. The law is designed to send a clear message that masked harassment and violence will not be tolerated in New York state.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S3070