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.
(See full text of bill here)Status: pending
Introduced 13 Jan 2025.
Issue(s): Face Covering, Riot