Indiana
SB 286: New criminal penalties for masked protesters
Would create a new offense for attending a public assembly while wearing a mask, and elevate disorderly conduct and rioting to felony offenses if committed by someone wearing a mask. The bill creates exemptions for masks worn for holidays, theater, religious purposes, medical purposes if prescribed by a doctor, and athletic events, but not protests. Under the bill, someone who wears a mask “while present at a public assembly” would commit a Class C misdemeanor (punishable by up to 60 days in jail) for a first offense but a Class A misdemeanor (up to one year and $5,000) for second and subsequent offenses. As written, the offense could cover a demonstrator who chooses to wear a mask to avoid contagion, to avoid retaliation for their political speech, or for any other reason, and who did not otherwise act unlawfully or have any intent to break a law. The offense would also seemingly cover bystanders “present” at a protest while masked. The bill would convert disorderly conduct and rioting—both broadly defined by Indiana law and typically misdemeanor offenses—into Level 6 felonies (up to two and a half years in prison and $10,000) if committed by someone in a mask. “Disorderly conduct,” for instance, covers someone who recklessly, knowingly, or intentionally “makes unreasonable noise and continues to do so after being asked to stop.” As such, someone who chooses to wear a mask while participating in a peaceful but noisy protest could face felony charges.
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See full text of bill here)
Status: pending
Introduced 13 Jan 2025.
Issue(s): Face Covering, Riot
Missouri
HB 495 / SB 44: Expanded definition and heightened penalties for rioting
Would substantially broaden the definition of “rioting” and make it a felony offense. Under current Missouri law, an individual commits “riot” if she knowingly assembles with six or more people, “agrees with such persons to violate any of the criminal laws of this state or of the United States with force or violence”, and then does violate a law with force or violence. The bill would eliminate the requirement for individuals to “agree” beforehand about their intention to break the law. The amended definition could arguably cover a broader swath of people involved in unruly protests, making individuals liable not only for an unlawful act they committed, but also doing so as part of a “riot” even if their actions were not coordinated with others. The bill would also make rioting a class D felony, punishable by up to 7 years in prison and $10,000, rather than a misdemeanor offense.
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See full text of bill here)
Status: pending
Introduced 8 Jan 2025.
Issue(s): Riot
Missouri
HB 601: Heightened penalties for masked protesters
Would increase the penalty for any offense if committed by someone wearing a mask or other devise that concealed their identity. The bill does not require that someone intended to conceal their identity in order to facilitate a crime. The bill also does not provide exemptions for masks worn for medical or any other purpose, nor does it limit the enhanced penalties to violent crimes. As such, a peaceful protester who committed a nonviolent offense while wearing a mask—whether a medical mask to avoid contagion, a mask to avoid retaliation for their political speech, or a mask worn for any other reason—could face steep penalties. For instance, peaceful demonstrators in Missouri may be charged with “disturbing the peace,” a minor misdemeanor, if they make too much noise or obstruct a sidewalk or road in the course of a protest. Under the bill, a masked protester charged with that offense could face up to one year in jail and $2,000 for the first offense and a felony penalties (up to four years in prison and $10,000) for subsequent offenses.
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See full text of bill here)
Status: pending
Introduced 8 Jan 2025.
Issue(s): Face Covering
New York
S 723: New criminal penalties for masked protesters
Would create two new crimes that could apply to masked protesters and people who support them. Under the bill, a person who is masked or “disguised by unusual or unnatural attire or facial alteration,” who engages in a protest or other public assembly with other masked or disguised people, commits the offense of “deceptive wearing of a mask,” a Class B misdemeanor punishable by up to 90 days in jail. The offense would likewise apply to anyone who “knowingly permits or aids” masked demonstrators who congregate in public. The offense does not require that an individual act unlawfully or have any intent to engage in unlawful behavior. A second offense, “aggravated deceptive wearing of a mask,” would apply to masked or disguised individuals engaged in a public assembly where property damage or injuries occur; the offense would be a Class A misdemeanor punishable by up to one year in jail. (As drafted, the bill does not make clear whether an individual need personally cause the damage or injury, or merely be part of a group where such damage or injury occurs, to commit the offense.) The bill provides exemptions for masks or disguises worn for religious purposes, or in connection with a government-authorized “masquerade party or like entertainment.” If enacted, the bill would give law enforcement broad discretion to arrest individuals who wear masks or other disguise at a public protest, as well as anyone who seemed to be “aiding” them. The same bill was introduced as S 9194 in the 2023-2024 session.
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See full text of bill here)
Status: pending
Introduced 8 Jan 2025.
Issue(s): Protest Supporters or Funders, Face Covering
