US Federal
HR 2065: Harsh penalties for protesters who conceal their identity
Would make it a federal crime, subject to a lengthy prison sentence, to wear a mask or other disguise while protesting in an "intimidating" or “oppressive” way. Under the “Unmasking Hamas Act,” anyone "in disguise, including while wearing a mask" who "injures, oppresses, threatens, or intimidates any person" exercising their constitutional rights could be sentenced to up to 15 years in prison as well as fined. The bill does not define “oppress,” nor does the bill specify what is meant by “disguise,” other than that it includes a “mask.” The bill’s substantive provisions are identical to the “Unmasking Antifa Act,” which lawmakers have introduced in several previous sessions. Sponsors of the bill made clear that it is a response to pro-Palestine protesters, some of whom have worn masks to avoid retaliation.
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See full text of bill here)
Status: pending
Introduced 11 Mar 2025.
Issue(s): Face Covering
New York
S 6746: New penalties for protesters who wear a mask
Would create a new criminal offense, “concealment of identity during a protest,” that would cover peaceful protesters who wear a mask while demonstrating. Under the bill, a person who wears a mask or facial covering that disguises their face “so as to conceal the identity of the wearer” while “involved in a lawful assembly, unlawful assembly, protest, or riot” commits the offense. The bill provides an exception for masks and other face coverings worn as protection from weather, for religious reasons, for medical purposes, or as a costume for a holiday or exhibition. While only a violation, the new offense would restrict individuals’ ability to protest lawfully while remaining anonymous, for instance to avoid retaliation.
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See full text of bill here)
Status: pending
Introduced 21 Mar 2025.
Issue(s): Face Covering, Riot
Texas
SB 2876: Heightened penalties for protesters who conceal their identity
Would increase criminal penalties that could cover peaceful protesters who choose to wear a mask. Under the bill, a protesters charged with “riot” would face more serious penalties if they were wearing a mask or other face covering with intent to conceal their identity, as compared to someone without a mask. The offense would be a Class A misdemeanor, punishable by up to one year in jail and $4,000, instead of a Class B misdemeanor. The crime of “riot” under Texas law is defined broadly and does not require violence or other unlawful conduct: The offense covers a group of seven demonstrators whose conduct “substantially obstructs law enforcement or other governmental function or services,” or whose “physical action deprives any person of a legal right or disturbs any person in the enjoyment of a legal right.” Under the bill, a protester who chose to wear a mask to avoid retaliation for their political views could face significant jail time if their nonviolent protest was deemed a “riot.”
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See full text of bill here)
Status: pending
Introduced 14 Mar 2025.
Issue(s): Face Covering, Riot
Texas
HB 3061: Heightened penalties for masked protesters
Would increase the penalty for protest-related offenses if committed by someone wearing a mask or other disguise to conceal their identity while “congregating with other individuals who were disguised or masked.” Under the bill, the penalty for trespass, “disorderly conduct,” and “riot” would be one degree more severe if committed by a group in which some individuals wore masks. The bill provides an exemption to the penalty enhancement for masks worn during Halloween, a masquerade ball, or “similar celebration,” but not for avoiding retaliation for political speech. “Disorderly conduct” and “riot” are broadly defined under Texas law. Protesters who make “unreasonable noise” in public, for instance, may be charged with “disorderly conduct”; under the bill, such protesters could face significant jail time rather than a fine if they were masked. “Trespass” in Texas also carries significant penalties if committed on college campuses, "critical infrastructure," or other select locations, such that peaceful protesters who trespassed on a college campus could face felony rather than misdemeanor penalties if they were masked to avoid retaliation.
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See full text of bill here)
Status: pending
Introduced 19 Feb 2025.
Issue(s): Campus Protests, Face Covering, Infrastructure, Riot, Trespass
