Missouri
HB 601: Heightened penalties for masked protesters
Would increase the penalty for any offense if committed by someone wearing a mask or other device 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
Missouri
HB 495 / SB 52: Broadened “riot” offense and heightened penalties
**Note: This law was amended prior to its enactment, and all provisions related to "riot" and "traffic interference" were removed.** As introduced, the law would have made “rioting” a felony and significantly expand the scope of the offense such that it could cover peaceful demonstrators. The introduced version of the law removed a requirement in preexisting Missouri law than an individual use “force or violence” in order to be criminally liable for “riot”: As such, under the law as introduced, an individual engages in “rioting” if they merely assemble with six people and commit any unlawful act. A first offense would be a Class D felony (up to seven years in prison and $10,000) rather than a misdemeanor, and subsequent offenses would be a Class C felony (up to 10 years and $10,000). For instance, participants in a seven-person vigil that commits a “peace disturbance” by blocking a sidewalk—a misdemeanor crime—could face felony charges. If anyone is injured during the “riot” or property damage of more than $5,000 occurs, the offense would be a Class B felony (up to 15 years), while if a police officer or other safety official is injured, rioting would be a Class A felony (up to life in prison). As introduced, the law would also have created a new offense of “unlawful traffic interference,” defined as walking, sitting, standing or otherwise being present on a public street “in such a manner as to block passage by a vehicle,” with the intention of “impeding” traffic. As written, the offense did not require that traffic actually be impeded for the offense to occur, such that peaceful protesters who gather in the street could be covered even if they do not actually impede any vehicles. Traffic interference would have been an infraction for the first offense, but a Class A misdemeanor (punishable by up to one year in jail) for second offense and a Class E felony (four years in prison) for third and subsequent offenses. Lawmakers amended the law before passing it to remove all provisions related to "riot" and "traffic interference."
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See full text of bill here)
Status: enacted with improvements
Introduced 8 Jan 2025; Approved by House 20 February 2025; Approved by Senate 10 March 2025; Signed by Governor Kehoe 26 March 2025
Issue(s): Riot, Traffic Interference
