A 3826: 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 ________________________________________________________________________ 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.