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Need to wear an air
filtration mask when you go out to avoid the effects of fragrances,
chemicals, pollens and more?
You may be breaking the
law.
Each state has its own code
relating to masks (though some states may have no such code) and/or
disguises. In some, you may be okay wearing a filtration or surgical mask; in
others, you may be required to carry a note from your physician stating that
you need to wear the mask for health reasons.
If you find the code
section for your state and send
me a copy of the section and language, I will add it to this listing.
States in bold text have
code appearing on this page:
If you find the code for
your state, please send
the text to me I will get it added to the listing. You can check for your
state codes through your state's website (http://www.state.xx.us
where xx = your state's two letter abbreviation), in the public library (contact
the reference librarian to see which branch has the code books), or local law
library (generally in the courthouse and open to the public).
ALABAMA
ALASKA
ARIZONA
ARKANSAS
CALIFORNIA
Penal Code
Section 182-185
185. Section One
Hundred and Eighty-five. It shall be unlawful for any person to wear any
mask, false whiskers, or any personal disguise (whether complete or partial)
for the purpose of: One--Evading or escaping discovery, recognition, or
identification in the commission of any public offense. Two--Concealment,
flight, or escape, when charged with, arrested for, or convicted of, any
public offense. Any person violating any of the provisions of this section
shall be deemed guilty of a misdemeanor.
COLORADO
CONNECTICUT
DELAWARE
DISTRICT
OF COLUMBIA (Washington, D.C.)
§ 22-3312.03. Wearing hoods or masks.
(a) No person or persons over 16 years of age, while wearing any mask, hood,
or device whereby any portion of the face is hidden, concealed, or covered as
to conceal the identity of the wearer, shall:
(1) Enter upon, be, or
appear upon any lane, walk, alley, street, road highway, or other public way
in the District of Columbia;
(2) Enter upon, be, or
appear upon or within the public property of the District of Columbia; or
(3) Hold any manner of
meeting or demonstration.
(b) The provisions of
subsection (a) of this section apply only if the person was wearing the hood,
mask, or other device:
(1) With the intent to
deprive any person or class of persons of equal protection of the law or of
equal privileges and immunities under the law, or for the purpose of
preventing or hindering the constituted authorities of the United States or
the District of Columbia from giving or securing for all persons within the
District of Columbia equal protection of the law;
(2) With the intent, by
force or threat of force, to injure, intimidate, or interfere with any person
because of his or her exercise of any right secured by federal or District of
Columbia laws, or to intimidate any person or any class of persons from
exercising any right secured by federal or District of Columbia laws;
(3) With the intent to
intimidate, threaten, abuse, or harass any other person;
(4) With the intent to
cause another person to fear for his or her personal safety, or, where it is
probable that reasonable persons will be put in fear for their personal
safety by the defendant's actions, with reckless disregard for that
probability; or
(5) While engaged in
conduct prohibited by civil or criminal law, with the intent of avoiding
identification.
FLORIDA Chapter 876 Criminal Anarchy,
Treason and other Crimes Against Public Order
876.13
Wearing mask, hood, or other device on public property.--No person or persons
shall in this state, while wearing any mask, hood, or device whereby any
portion of the face is so hidden, concealed, or covered as to conceal the
identity of the wearer, enter upon, or be, or appear upon or within the
public property of any municipality or county of the state.
876.155
Applicability; ss. 876.12-876.15.--The provisions of ss. 876.12-876.15 apply
only if the person was wearing the mask, hood, or other device:
(1) With the intent to
deprive any person or class of persons of the equal protection of the laws or
of equal privileges and immunities under the laws or for the purpose of
preventing the constituted authorities of this state or any subdivision
thereof from, or hindering them in, giving or securing to all persons within
this state the equal protection of the laws;
(2) With the intent, by
force or threat of force, to injure, intimidate, or interfere with any person
because of the person's exercise of any right secured by federal, state, or
local law or to intimidate such person or any other person or any class of
persons from exercising any right secured by federal, state, or local law;
(3) With the intent to
intimidate, threaten, abuse, or harass any other person; or
(4) While she or he was engaged in conduct that could reasonably
lead to the institution of a civil or criminal proceeding against her or him,
with the intent of avoiding identification in such a proceeding.
GEORGIA Code Title 16 -
Crimes and Offenses,16-11-38.
(a) A person is
guilty of a misdemeanor when he wears a mask, hood, or device by which any
portion of the face is so hidden, concealed, or covered as to conceal the
identity of the wearer and is upon any public way or public property or upon
the private property of another without the written permission of the owner or
occupier of the property to do so.
(b) This Code section shall
not apply to: (1) A person wearing a traditional holiday costume on the
occasion of the holiday; (2) A person lawfully engaged in trade and
employment or in a sporting activity where a mask is worn for the purpose of
ensuring the physical safety of the wearer, or because of the nature of the
occupation, trade, or profession, or sporting activity; (3) A person using a
mask in a theatrical production including use in Mardi gras
celebrations and masquerade balls; or (4) A person wearing a gas mask
prescribed in emergency management drills and exercises or emergencies.
HAWAII
IDAHO
ILLINOIS
INDIANA
IOWA
KANSAS
KENTUCKY
LOUISIANA
Louisiana RS 14:313
§313. Masks or hoods,
wearing in public places prohibited; penalty; exceptions; permit to conduct
Mardi Gras festivities, how obtained; wearing of hoods, masks, or disguises
or giving of candy or other gifts by sex offenders
A. No person shall use or
wear in any public place of any character whatsoever, or in any open place in
view thereof, a hood or mask, or anything in the nature of either, or any
facial disguise of any kind or description, calculated to conceal or hide the
identity of the person or to prevent his being readily recognized.
B. Whoever violates this
Section shall be imprisoned for not less than six months nor
more than three years.
C. Except as provided in
Subsection E of this Section, this Section shall not apply:
(1) To activities of children on Halloween, to persons participating in any
public parade or exhibition of an educational, religious, or historical
character given by any school, church, or public governing authority, or to
persons in any private residence, club, or lodge room.
(2) To persons participating in masquerade balls or entertainments, to
persons participating in carnival parades or exhibitions during the period of
Mardi Gras festivities, to persons participating in the parades or
exhibitions of minstrel troupes, circuses, or other dramatic or amusement
shows, or to promiscuous masking on Mardi Gras which are duly authorized by
the governing authorities of the municipality in which they are held or by
the sheriff of the parish if held outside of an incorporated municipality.
(3) To persons wearing head covering or veils pursuant to religious beliefs
or customs.
D. All persons having
charge or control of any of the festivities set forth in Paragraph B(2) of
this Section, shall, in order to bring the persons participating therein
within the exceptions contained in Paragraph B(2), make written application
for and shall obtain in advance of the festivities from the mayor of the
city, town, or village in which the festivities are to be held, or when the
festivities are to be held outside of an incorporated city, town, or village,
from the sheriff of the parish, a written permit to conduct the festivities.
A general public proclamation by the mayor or sheriff authorizing the
festivities shall be equivalent to an application and permit.
E. Every person convicted
of or who pleads guilty to a sex offense specified in R.S. 24:932, is
prohibited from using or wearing a hood, mask or disguise of any kind with
the intent to hide, conceal or disguise his identity on or concerning Halloween,
Mardi Gras, Easter, Christmas, or any other recognized holiday for which
hoods, masks, or disguises are generally used.
Acts 1999, No. 1043, §1;
Acts 2008, No. 400, §1.
MAINE
MARYLAND
MASSACHUSETTS
Massachusetts General Laws, Chapter
268 Section 34. Whoever disguises himself with intent to obstruct the due
execution of the law, or to intimidate, hinder or interrupt an officer or
other person in the lawful performance of his duty, or in the exercise of his
rights under the constitution or laws of the commonwealth, whether such
intent is effected or not, shall be punished by a fine of not more than five
hundred dollars or by imprisonment for not more than one year and may if
imprisoned also be bound to good behavior for one year after the expiration
of such imprisonment.
MICHIGAN
750.396 Wearing Mask
or face covering device.
Sec. 396. A person who intentionally conceals his or her identity by
wearing a mask or other device covering his or her face for the purpose of
facilitating the commission of a crime is guilty of a misdemeanor punishable
by imprisonment for not more than 93 days or a fine of not more than $500.00,
or both.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL
1948, 750.396 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See sections 1 and 2 of Act 276 of 1923, being CL 1929, §§ 16609
and 16610.
MINNESOTA Statutes, Chapter Criminal Code,
Section 609.735
609.735 Concealing identity.
A person whose identity is concealed by the person in a public place by means
of a robe, mask, or other disguise, unless based on religious beliefs, or
incidental to amusement, entertainment, protection from weather, or medical
treatment, is guilty of a misdemeanor. (HIST: 1963 c 753 art 1 s 609.735;
1971 c 23 s 73; 1986 c 444;1995 c 30 s 1)
MISSISSIPPI
MISSOURI
MONTANA
NEBRASKA
NEVADA
NEW
HAMPSHIRE
NEW
JERSEY
NEW
MEXICO
NEW
YORK Penal
Law 240.35 (4):
Being masked or in any manner disguised by unusual or unnatural attire or
facial alteration, loiters, remains or congregates in a public place with
other persons so masked or disguised, or knowingly permits or aids persons so
masked or disguised to congregate in a public place; except that such conduct
is not unlawful when it occurs in connection with a masquerade party or like
entertainment if, when such entertainment is held in a city which has
promulgated regulations in connection with such affairs, permission is first
obtained from the police or other appropriate authorities; (National
Lawyers Guild NYC Chapter paper on the anti-mask law)
NORTH
CAROLINA
While the
following sections were enacted primarily as a result of KKK activities, it
has been enforced against people wearing other types of masks, such as dust
masks and team mascot masks.
§14-12.7. Wearing of masks, hoods,
etc., on public ways.
No person or persons at least 16 years of age shall, while wearing any mask,
hood or device whereby the person, face or voice is disguised so as to
conceal the identity of the wearer, enter, be or appear upon any lane,
walkway, alley, street, road, highway or other public way in this State.
(1953, c. 1193, s. 6; 1983, c. 175, ss. 1, 10; c. 720, s. 4.)
§14-12.8.
Wearing of masks, hoods, etc., on public property.
No person or persons shall in this State, while wearing any mask, hood or
device whereby the person, face or voice is disguised so as to conceal the
identity of the wearer, enter, or appear upon or within the public property
of any municipality or county of the State, or of the State of North
Carolina. (1953, c. 1193, s. 7.)
NORTH
DAKOTA
OHIO
3761.12 Prohibition against
conspiracy while wearing disguise. (Effective Date: 10-01-1953)
No person shall unite with
two or more others to commit a misdemeanor while wearing white caps, masks,
or other disguise.
OKLAHOMA
OREGON
PENNSYLVANIA
RHODE
ISLAND
SOUTH
CAROLINA
SOUTH
DAKOTA
TENNEESSEE
TEXAS
UTAH
VERMONT
VIRGINIA Section 18.2-422:
Prohibition of wearing of masks in certain places; exceptions.
It shall be unlawful for any person over sixteen years of age while wearing
any mask, hood or other device whereby a substantial portion of the face is
hidden or covered so as to conceal the identity of the wearer, to be or
appear in any public place, or upon any private property in this Commonwealth
without first having obtained from the owner or tenant thereof consent to do
so in writing. However, the provisions of this section shall not apply to
persons (i) wearing traditional holiday costumes;
(ii) engaged in professions, trades, employment or other activities and
wearing protective masks which are deemed necessary for the physical safety
of the wearer or other persons; (iii) engaged in any bona fide theatrical
production or masquerade ball; or (iv) wearing a mask, hood or other device
for bona fide medical reasons upon the advice of a licensed physician or
osteopath and carrying on his person an affidavit from the physician or
osteopath specifying the medical necessity for wearing the device and the
date on which the wearing of the device will no longer be necessary and
providing a brief description of the device. The violation of any provisions
of this section shall constitute a Class 6 felony.
WASHINGTON
WEST
VIRGINIA 61-6-22.
Wearing masks, hoods or face coverings.
(a) Except as otherwise provided in this section, no person, whether in a
motor vehicle or otherwise, while wearing any mask, hood or device whereby
any portion of the face is so covered as to conceal the identity of the
wearer, may:
(1) Come into or appear upon any walk, alley, street, road, highway or other
thoroughfare dedicated to public use;
(2) Come into or appear in any trading area, concourse, waiting room, lobby
or foyer open to, used by or frequented by the general public;
(3) Come into or appear upon or within any of the grounds or buildings owned,
leased, maintained or operated by the state or any political subdivision
thereof;
(4) Ask, request, or demand entrance or admission to the premises, enclosure,
dwelling or place of business of any other person within this state; or
(5) Attend or participate in any meeting upon private property of another
unless written permission for such meeting has first been obtained from the
owner or occupant thereof.
(b) The provisions of this section do not apply to any person:
(1) Under sixteen years of age;
(2) Wearing a traditional holiday costume;
(3) Engaged in a trade or employment where a mask, hood or device is worn for
the purpose of ensuring the physical safety of the wearer;
(4) Using a mask, hood or device in theatrical productions, including use in mardi gras celebrations or
similar masquerade balls;
(5) Wearing a mask, hood or device prescribed for civil defense drills,
exercises or emergencies; or
(6) Wearing a mask, hood or device for the sole purpose of protection from
the elements or while participating in a winter sport.
(c) Any person who violates any provision of this section is guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not more than five
hundred dollars or imprisoned in the county jail not more than one year, or
both fined and imprisoned
WISCONSIN
WYOMING
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