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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
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
WASHINGTON,
D.C.
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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