Sponsored by:
Assemblywoman MICHELE MATSIKOUDIS
District 21 (Middlesex, Morris, Somerset and Union)
Assemblyman REGINALD W. ATKINS
District 20 (Union)
Assemblyman MICHAEL INGANAMORT
District 24 (Morris, Sussex and Warren)
SYNOPSIS
Establishes separate disorderly persons offense for persons who wear masks with purpose to conceal identity while committing another crime or offense.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning masks and public gatherings, and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. It shall be a disorderly persons offense for a person, while congregating in a public place with other people who are also masked or disguised, to wear any mask or other facial obscurant or disguise with the purpose to conceal the persons identity while committing another crime or offense.
A person shall not be charged with a disorderly persons offense, pursuant to this section, unless the person:
(1) is charged with an underlying crime or offense under Title 2C of the New Jersey Statutes; and
(2) was wearing a mask at the time the person committed the underlying crime or offense.
b. This section shall not apply to:
(1) activities related to the celebration of Halloween;
(2) participants in any public parade or exhibition of an educational, religious, or historical character;
(3) persons wearing a mask, hood, or any device for protection from weather;
(4) persons wearing head coverings or veils in accordance with religious beliefs or customs; or
(5) persons wearing a mask for medical purposes.
c. Notwithstanding the provisions of N.J.S.2C:1-8 or any other law, a conviction arising under subsection a. of this section shall not merge with a conviction of any other criminal offense, nor shall such other conviction merge with a conviction under subsection a. of this section.
2. This act shall take effect immediately.
STATEMENT
This bill prohibits wearing a mask while congregating in a public place with other masked persons with the purpose to conceal the persons identity while committing another crime or offense. A person would not be charged for a disorderly persons offense under the bill, unless the person is charged with an underlying crime or offense under Title 2C of the New Jersey Statutes; and was wearing a mask at the time the person committed the underlying crime or offense.
The bill establishes various exceptions to the general prohibition on wearing masks while congregating in a public place with other people who are also masked or disguised. These include: (1) activities related to the celebration of Halloween; (2) participants in any public parade or exhibition of an educational, religious, or historical character; (3) persons wearing a mask for protection from weather; (4) persons wearing head coverings or veils in accordance with religious beliefs or customs; or (5) persons wearing a mask for medical purposes.
Finally, the bill also prohibits the merger of this crime with another for the purpose of reducing a defendants sentence. It is a disorderly persons offense to violate the provisions of the bill. A disorderly offense is punishable by up to six months imprisonment, a fine of up to $1,000, or both.