S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3826
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02637-01-5
              
             
                          
                 A. 3826                             2
 
 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.
   AGGRAVATED DECEPTIVE WEARING OF A MASK IS A CLASS A MISDEMEANOR.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
               
              
                
              
                       
              
I have a health condition and Ive been masking when around others in public especially while indoors to protect my health and that of others since the start of the pandemic.
We know that masks reduce the spread of disease, and while medical masks are best any barrier reduces the speed and thus distance viral particles can spread, as well as the resulting viral load and thus virulence when it doesn’t altogether prevent spread.
Knowing this I am far more threatened by people NOT wearing any kind of face covering than any wearing face coverings.
My spouse has more sensory difficulties with masks but is willing to still wear a cloth mask to help mitigate.
Discouraging masking only makes us all less safe and public spaces less accessible.
You cannot police intent. If crimes happen punish the crimes, not the apparel. Throughout the pandemic we all learned how to recognize each other with masks on. AI recognizes people with masks on. Discouraging any kind of masks does NOTHING to protect public safety and much to harm it, especially as measles starts to spread and bird flu is on the brink of if not reaching human to human transmission.
This proposal would do nothing to help public safety but instead endanger it by endangering our public health.