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
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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.