Establishes the crimes of deceptive wearing of a mask and aggravated deceptive wearing of a mask; makes such crimes a class B misdemeanor and a class A misdemeanor, respectively.
STATE OF NEW YORK
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3826
2025-2026 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. The penal law is amended by adding two new sections 190.90
2 and 190.91 to read as follows:
3 § 190.90 Deceptive wearing of a mask.
4 A person is guilty of deceptive wearing of a mask when, such person
5 being masked or in any manner disguised by unusual or unnatural attire
6 or facial alteration, loiters, remains or congregates in a public place
7 with other persons so masked or disguised while engaged in a protest,
8 rally or other public assembly, or knowingly permits or aids persons so
9 masked or disguised to congregate in a public place; except that such
10 conduct is not unlawful when it is worn for religious observance or
11 customs or when it occurs in connection with a masquerade party or like
12 entertainment if, when such entertainment is held in a city which has
13 promulgated regulations in connection with such affairs, permission is
14 first obtained from the police or other appropriate authorities.
15 Deceptive wearing of a mask is a class B misdemeanor.
16 § 190.91 Aggravated deceptive wearing of a mask.
17 A person is guilty of aggravated deceptive wearing of a mask when,
18 such person being masked or in any manner disguised by unusual or unna-
19 tural attire or facial alteration, loiters, remains or congregates in a
20 public place with other persons so masked or disguised while engaged in
21 the conduct of deceptive wearing of a mask and cause injury to a person
22 or damage to property or theft of property belonging to another person,
23 or knowingly permits or aids persons so masked or disguised to congre-
24 gate in a public place; except that such conduct is not unlawful when it
25 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
1 connection with a masquerade party or like entertainment if, when such
2 entertainment is held in a city which has promulgated regulations in
3 connection with such affairs, permission is first obtained from the
4 police or other appropriate authorities.
5 Aggravated deceptive wearing of a mask is a class A misdemeanor.
6 § 2. This act shall take effect on the ninetieth day after it shall
7 have become a law.
