S T A T E O F N E W Y O R K
________________________________________________________________________
10043
I N A S S E M B L Y
May 2, 2024
___________
Introduced by M. of A. REILLY -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to establishing the crimes of
deceptive wearing of a mask and aggravated deceptive wearing of a mask
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The penal law is amended by adding two new sections 190.90
and 190.91 to read as follows:
§ 190.90 DECEPTIVE WEARING OF A MASK.
A PERSON IS GUILTY OF DECEPTIVE WEARING OF A MASK WHEN, SUCH PERSON
BEING MASKED OR IN ANY MANNER DISGUISED BY UNUSUAL OR UNNATURAL ATTIRE
OR FACIAL ALTERATION, LOITERS, REMAINS OR CONGREGATES IN A PUBLIC PLACE
WITH OTHER PERSONS SO MASKED OR DISGUISED WHILE ENGAGED IN A PROTEST,
RALLY OR OTHER PUBLIC ASSEMBLY, OR KNOWINGLY PERMITS OR AIDS PERSONS SO
MASKED OR DISGUISED TO CONGREGATE IN A PUBLIC PLACE; EXCEPT THAT SUCH
CONDUCT IS NOT UNLAWFUL WHEN IT IS WORN FOR RELIGIOUS OBSERVANCE OR
CUSTOMS OR WHEN IT OCCURS IN CONNECTION WITH A MASQUERADE PARTY OR LIKE
ENTERTAINMENT IF, WHEN SUCH ENTERTAINMENT IS HELD IN A CITY WHICH HAS
PROMULGATED REGULATIONS IN CONNECTION WITH SUCH AFFAIRS, PERMISSION IS
FIRST OBTAINED FROM THE POLICE OR OTHER APPROPRIATE AUTHORITIES.
DECEPTIVE WEARING OF A MASK IS A CLASS B MISDEMEANOR.
§ 190.91 AGGRAVATED DECEPTIVE WEARING OF A MASK.
A PERSON IS GUILTY OF AGGRAVATED DECEPTIVE WEARING OF A MASK WHEN,
SUCH PERSON BEING MASKED OR IN ANY MANNER DISGUISED BY UNUSUAL OR UNNA-
TURAL ATTIRE OR FACIAL ALTERATION, LOITERS, REMAINS OR CONGREGATES IN A
PUBLIC PLACE WITH OTHER PERSONS SO MASKED OR DISGUISED WHILE ENGAGED IN
THE CONDUCT OF DECEPTIVE WEARING OF A MASK AND CAUSE INJURY TO A PERSON
OR DAMAGE TO PROPERTY OR THEFT OF PROPERTY BELONGING TO ANOTHER PERSON,
OR KNOWINGLY PERMITS OR AIDS PERSONS SO MASKED OR DISGUISED TO CONGRE-
GATE IN A PUBLIC PLACE; EXCEPT THAT SUCH CONDUCT IS NOT UNLAWFUL WHEN IT
IS WORN FOR RELIGIOUS OBSERVANCE OR CUSTOMS OR WHEN IT OCCURS IN
CONNECTION WITH A MASQUERADE PARTY OR LIKE ENTERTAINMENT IF, WHEN SUCH
ENTERTAINMENT IS HELD IN A CITY WHICH HAS PROMULGATED REGULATIONS IN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15268-03-4
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