to wear an air filtration mask when you go out to avoid the effects of fragrances,
chemicals, pollens and more?
may be breaking the law.
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.
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.
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).
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.
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
(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;
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;
(5) While engaged in conduct prohibited by civil or criminal law, with
the intent of avoiding identification.
Chapter 876 Criminal Anarchy, Treason and other Crimes Against Public Order
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.
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:
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;
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
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.
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.
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.
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
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.
To persons wearing head covering or veils pursuant to religious beliefs or customs.
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.
1999, No. 1043, §1; Acts 2008, No. 400, §1.
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.
or face covering device.
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.
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.
Statutes, Chapter Criminal Code, Section 609.735
609.735 Concealing identity.
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)
YORK Penal Law 240.35 (4):
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
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.
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.)
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.)
Prohibition of wearing of masks in certain places;
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.
Wearing masks, hoods or face coverings.
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
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
(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
law sites relating to toxic exposures
& Peters, P.C. Law firm representing victims of toxic exposures.