BILL NUMBER: S3070 Revised 2/3/2025
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the penal law, in relation to the crime of masked
harassment and aggravated harassment
 
PURPOSE:
Creates the crime of masked harassment as a violation. Amends the crime
of aggravated harassment in the second degree to account for masked
harassment.
 
SUMMARY OF PROVISIONS:
Section 1: Provides the legislative intent.
Section 2: Adds section 240.12 to the penal law to make a person guilty
of the crime of masked harassment when they wear a mask or other face
covering that intentionally hides or conceals their face for the primary
purpose of menacing or threatening violence against another person or
placing another person or group of persons in reasonable fear for their
physical safety. This section specifies that it does not constitute an
offense of masked harassment where a person is not wearing a mask or
face covering for the primary purpose of menacing or threatening
violence against another person or placing another person or group of
persons in reasonable fear for their physical safety, including while
wearing a mask or face covering on or near the occasion of a holiday,
celebration, or other event involving costumes, to 'ensure their phys-
ical safety because of their occupation, trade, or profession, for
protection against weather elements or participation in winter sports,
for artistic or theatrical production or celebration, for protection
during or related to an emergency situation or during emergency manage-
ment drills, with the intention of ensuring one's physical health and
safety or the health and safety of others, including but not limited to
limiting the spread of airborne illnesses, or for religious purposes.
This section states that masked harassment is a violation.
Section 3: Amends subdivision 3 of § 240.30 of the penal law to addi-
tionally make a person guilty of aggravated harassment in the second
degree when while wearing a mask or face covering to intentionally
conceal their identity and for the primary purpose of placing such
person or group in reasonable fear for their physical safety, they
strike, shove, kick, or otherwise subject another person to physical
contact, including by removing a religious clothing article or headdress
from such person, or attempts or threatens to do the same because of a
belief or perception regarding such person's race, color, national
origin, ancestry, gender, gender identity or expression, religion, reli-
gious practice, age, disability or sexual orientation, regardless of
whether the belief or perception is correct. This section specifies that
it does not constitute an offense of aggravated harassment in the second
degree where a person is not wearing a mask or face covering for the
primary purpose of mask or face covering for the primary purpose of
placing another person or group in reasonable fear for their physical
safety while striking, shoving, kicking, or otherwise subjecting another
person to physical contact, including removing a religious clothing
article or headdress from such person, or attempting or threatening to
do the same because of a belief or perception regarding such person's
race, color, national origin, ancestry, gender, gender identity or
expression, religion, religious practice, age, disability or sexual
orientation, regardless of whether the belief or perception is correct,
including while wearing a mask or face covering on or near the occasion
of a holiday, celebration, or other event involving costumes, to ensure
their physical safety because of their occupation, trade, or profession,
for protection against weather elements or participation in winter
sports, for artistic or theatrical production or celebration, for
protection during or related to an emergency situation or during emer-
gency management drills, with the intention of ensuring one's physical
health and safety or the health and safety of others, including but not
limited to limiting the spread of airborne illnesses, or for religious
purposes. Aggravated harassment in the second degree is a class A misde-
meanor.
Section 4: Provides the effective date.
 
JUSTIFICATION:
In the State of New York, there has been a resurgence of masked harass-
ment and intimidation in which individuals have intentionally hidden
their identities with face coverings in order to menace, harass, threat-
en, and place others in fear for their physical safety. Anti-masked
harassment laws, which were previously codified in New York, were an
effective deterrent against this conduct. The purpose of this bill is
to prioritize once again public safety by reintroducing the crime of
masked harassment and ensuring that existing aggravated harassment laws
cover this conduct. The new prohibition of masked harassment is limited
to the intentional concealment of a person's face and identity with the
intent to menace, threaten, or place another person or group in reason-
able fear for their physical safety. This bill also amends the crime of
aggravated harassment in the second degree to include provisions related
to masked harassment. This bill is intended to adhere to and uphold free
speech protections enshrined in the U.S. and New York Constitutions and
provides specific carve-outs for face coverings worn for, among other
reasons, the protection of one's health and safety or religious reasons.
Nothing in this bill is intended to be construed to diminish or infringe
upon any right protected under the First Amendment to the Constitution
of the United States or Article I of the Constitution of the State of
New York.
 
PRIOR LEGISLATIVE HISTORY:
Senate
2024: S9867, Referred to Rules
Assembly
2024: A100S7A, Amended and Recommitted to Codes
 
FISCAL IMPLICATIONS:
None to the State.
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S3070: 240.30 penal law, 240.30(3) penal law