S 723: 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 ________________________________________________________________________ 723 2025-2026 Regular Sessions  IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sens. RHOADS, BORRELLO, CANZONERI-FITZPATRICK, MARTINS, MATTERA, MURRAY, OBERACKER, WEBER, WEIK -- read twice and ordered printed, and when printed to be committed 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- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02637-01-5 
 S. 723 2 1 gate in a public place; except that such conduct is not unlawful when it 2 is worn for religious observance or customs or when it occurs in 3 connection with a masquerade party or like entertainment if, when such 4 entertainment is held in a city which has promulgated regulations in 5 connection with such affairs, permission is first obtained from the 6 police or other appropriate authorities. 7 Aggravated deceptive wearing of a mask is a class A misdemeanor. 8 § 2. This act shall take effect on the ninetieth day after it shall 9 have become a law.