Bill > A03133

This bill establishes a new criminal offense called "masked harassment" in New York state, which makes it illegal to wear a mask or face covering that intentionally conceals one's 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 this law to ensure that legitimate mask-wearing activities remain legal, such as wearing masks during holidays with costumes, for health protection, religious purposes, occupational safety, weather protection, artistic performances, emergency situations, and medical reasons. The bill's legislative intent emphasizes that this law is a response to recent instances of masked intimidation, including the 2021 U.S. Capitol insurrection, and aims to prevent identity-based violence while still protecting constitutional free speech rights. Masked harassment would be classified as a violation, which is a less serious criminal offense, and the law is designed to balance public safety concerns with appropriate protections for lawful mask-wearing activities. The bill modifies existing penal law to create this new offense and provide clear guidelines for its application.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A3133