Senate Bill S3070

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3070
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2025
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law,  in  relation  to  the  crime  of  masked
   harassment and aggravated harassment
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent.  During  the  COVID-19  pandemic,  when
 masks  became  essential  for  public  health  reasons, many anti-masked
 harassment laws across the country were suspended, modified, or  in  New
 York state's case, completely repealed.
   The original intent behind these late 19th and early 20th century laws
 -  to  prevent  masked  individuals  and  groups from engaging in public
 intimidation or violence - remains wholly  relevant  today.    New  York
 state  currently  faces a new era of masked harassment and intimidation.
 Individuals who are targeting others with violence and intimidation  are
 using masks and other face coverings as a tool to place their targets in
 fear  of  physical harm.   This anti-masked harassment legislation would
 reinstate an anti-masked harassment law  in  New  York    following  its
 repeal  because  of  public  health  considerations  during the COVID-19
 pandemic, and has been modified  to  address  these  health  and  safety
 concerns.
   The  recent insurrection at the U.S. Capitol in 2021, is a quintessen-
 tial example of  how  individuals  who  threaten  and  intimidate  their
 targets have worn masks to place others in fear for their physical safe-
 ty,  including  during  the commission of violent criminal acts.  Masked
 actors, like the KKK in the past, frequently rely on their anonymity  to
 intimidate, provoke violence, and carry out acts of terrorism.
   Anti-masked  harassment  laws  can  serve  as  an  effective deterrent
 against such identity-based violence.
   In the effort to continue to uphold free speech protections  enshrined
 in  the  U.S.  and  New  York Constitutions -- while also protecting the

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02066-05-5
              

 S. 3070                             2
 
 safety of all New Yorkers -- this legislation  acknowledges  that  masks
 are worn for many lawful purposes, including to protect one's health and
 safety  or  for  religious reasons, and accordingly provides appropriate
 carveouts.
   This  measure is not only a legal necessity, but a moral imperative to
 ensure the rights of all New Yorkers are protected to the fullest extent
 of the law. With this legislation, New York will send a  clear  message:
 masked harassment and violence will not be tolerated in our state.
   §  2.  The penal law is amended by adding a new section 240.12 to read
 as follows:
 § 240.12 MASKED HARASSMENT.
   1.  A PERSON IS GUILTY OF THE CRIME OF  MASKED  HARASSMENT  WHEN  SUCH
 PERSON   WEARS A MASK OR OTHER FACE COVERING THAT INTENTIONALLY HIDES OR
 CONCEALS THEIR FACE FOR THE PRIMARY PURPOSE OF MENACING  OR  THREATENING
 VIOLENCE  AGAINST  ANOTHER  PERSON OR PLACING ANOTHER PERSON OR GROUP OF
 PERSONS IN REASONABLE FEAR FOR THEIR PHYSICAL SAFETY.
   2. IT SHALL NOT CONSTITUTE AN OFFENSE OF MASKED HARASSMENT UNDER  THIS
 SECTION  WHERE  A  PERSON IS NOT WEARING A MASK OR FACE COVERING FOR THE
 PRIMARY PURPOSE OF MENACING  OR  THREATENING  VIOLENCE  AGAINST  ANOTHER
 PERSON  OR PLACING ANOTHER PERSON OR GROUP OF PERSONS IN REASONABLE FEAR
 FOR THEIR PHYSICAL SAFETY, INCLUDING:
   (A) WEARING A MASK OR FACE COVERING ON OR NEAR THE OCCASION OF A HOLI-
 DAY, CELEBRATION OR OTHER EVENT INVOLVING COSTUMES;
   (B) WEARING A MASK OR FACE COVERING FOR THE PURPOSE  OF  ENSURING  THE
 PHYSICAL  SAFETY  OF THE WEARER OR BECAUSE OF THE NATURE OF THE PERSON'S
 OCCUPATION, TRADE, OR PROFESSION;
   (C) WEARING A MASK OR FACE COVERING FOR THE PURPOSE OF PROTECTION FROM
 THE WEATHER ELEMENTS OR WHILE PARTICIPATING IN A WINTER SPORT;
   (D) WEARING A MASK OR FACE  COVERING  IN  AN  ARTISTIC  OR  THEATRICAL
 PRODUCTION OR CELEBRATION;
   (E)  WEARING  A  GAS  MASK OR OTHER PROTECTIVE FACIAL COVERING FOR THE
 PURPOSES OF PROTECTION DURING OR RELATED TO AN EMERGENCY  SITUATION,  OR
 DURING EMERGENCY MANAGEMENT DRILLS;
   (F)  WEARING A MEDICAL MASK, FACE SHIELD, OR OTHER SIMILAR FACE COVER-
 ING WITH THE INTENTION OF ENSURING ONE'S PHYSICAL HEALTH AND  SAFETY  OR
 THE  HEALTH  AND SAFETY OF OTHERS, INCLUDING BUT NOT LIMITED TO LIMITING
 THE SPREAD OF AIRBORNE ILLNESSES; OR
   (G) WEARING A MASK OR FACE COVERING FOR RELIGIOUS PURPOSES.
   MASKED HARASSMENT IS A VIOLATION.
   § 3.  Subdivision 3 of section 240.30 of the penal law, as amended  by
 chapter 545 of the laws of 2024, is amended to read as follows:
   3.  (A)  With  the  intent to harass, annoy, threaten or alarm another
 person, OR WHILE WEARING  A  MASK  OR  FACE  COVERING  TO  INTENTIONALLY
 CONCEAL  ONE'S  IDENTITY  AND FOR THE PRIMARY PURPOSE OF PLACING ANOTHER
 PERSON OR GROUP IN REASONABLE FEAR FOR THEIR  PHYSICAL  SAFETY,  [he  or
 she]  SUCH  PERSON strikes, shoves, kicks, or otherwise subjects another
 person to physical contact,  including  removing  a  religious  clothing
 article  or  headdress  from such person, or attempts or threatens to do
 the same because of a belief or perception regarding such person's race,
 color, national origin, ancestry, gender, gender identity or expression,
 religion, religious practice, age,  disability  or  sexual  orientation,
 regardless of whether the belief or perception is correct.
   (B)  IT  SHALL  NOT CONSTITUTE THE OFFENSE OF AGGRAVATED HARASSMENT IN
 THE SECOND DEGREE UNDER THIS SECTION WHERE A PERSON  IS  NOT  WEARING  A
 MASK  OR FACE COVERING FOR THE PRIMARY PURPOSE OF PLACING ANOTHER PERSON
 OR GROUP IN REASONABLE FEAR FOR THEIR PHYSICAL  SAFETY  WHILE  STRIKING,
 S. 3070                             3
 
 SHOVING,  KICKING,  OR  OTHERWISE  SUBJECTING ANOTHER PERSON TO PHYSICAL
 CONTACT, INCLUDING REMOVING A RELIGIOUS CLOTHING  ARTICLE  OR  HEADDRESS
 FROM SUCH PERSON, OR ATTEMPTING OR THREATENING TO DO THE SAME BECAUSE OF
 A  BELIEF  OR  PERCEPTION  REGARDING SUCH PERSON'S RACE, COLOR, NATIONAL
 ORIGIN, ANCESTRY, GENDER, GENDER IDENTITY OR EXPRESSION, RELIGION, RELI-
 GIOUS PRACTICE, AGE, DISABILITY OR  SEXUAL  ORIENTATION,  REGARDLESS  OF
 WHETHER THE BELIEF OR PERCEPTION IS CORRECT, INCLUDING:
   (I) WEARING A MASK OR FACE COVERING ON OR NEAR THE OCCASION OF A HOLI-
 DAY, CELEBRATION OR OTHER EVENT INVOLVING COSTUMES;
   (II)  WEARING  A MASK OR FACE COVERING FOR THE PURPOSE OF ENSURING THE
 PHYSICAL SAFETY OF THE WEARER OR BECAUSE OF THE NATURE OF  THE  PERSON'S
 OCCUPATION, TRADE, OR PROFESSION;
   (III)  WEARING  A  MASK OR FACE COVERING FOR THE PURPOSE OF PROTECTION
 FROM THE WEATHER ELEMENTS OR WHILE PARTICIPATING IN A WINTER SPORT;
   (IV) WEARING A MASK OR FACE COVERING  IN  AN  ARTISTIC  OR  THEATRICAL
 PRODUCTION OR CELEBRATION;
   (V)  WEARING  A  GAS  MASK OR OTHER PROTECTIVE FACIAL COVERING FOR THE
 PURPOSES OF PROTECTION DURING OR RELATED TO AN EMERGENCY  SITUATION,  OR
 DURING EMERGENCY MANAGEMENT DRILLS;
   (VI) WEARING A MEDICAL MASK, FACE SHIELD, OR OTHER SIMILAR FACE COVER-
 ING  WITH  THE INTENTION OF ENSURING ONE'S PHYSICAL HEALTH AND SAFETY OR
 THE HEALTH AND SAFETY OF OTHERS, INCLUDING BUT NOT LIMITED  TO  LIMITING
 THE SPREAD OF AIRBORNE ILLNESSES; OR
   (VII) WEARING A MASK OR FACE COVERING FOR RELIGIOUS PURPOSES; or
   § 4. This act shall take effect immediately.