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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 red have been
completed.
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
HAWAII
IDAHO
ILLINOIS
INDIANA
IOWA
KANSAS
KENTUCKY
LOUISIANA
MAINE
MARYLAND
MASSACHUSETTS
MICHIGAN
MINNESOTA
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
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
VIRGINIA61-6-22.
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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