Pennsylvania SB 543: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in riot, disorderly conduct and related offenses, providing for the offense of masked intimidation; and imposing penalties.

Bill Text

PRINTER'S NO. 561
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 543
Session of
2025
INTRODUCED BY ARGALL, MASTRIANO, SCHWANK, STEFANO, DUSH,
ROTHMAN, PHILLIPS-HILL, BOSCOLA, J. WARD AND PICOZZI,
APRIL 4, 2025
REFERRED TO JUDICIARY, APRIL 4, 2025
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in riot, disorderly conduct and
related offenses, providing for the offense of masked
intimidation; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 5504.1. Masked intimidation.
(a) Offense defined.--A person is guilty of masked
intimidation if the person intentionally harasses, intimidates
or threatens any other person or group of persons while hiding
or concealing the person's face with a mask or other article or
device worn for the primary purpose of placing the other person
or group of persons in reasonable fear for their physical
safety.
(b) Application.--Subsection (a) shall not apply to a person
wearing a mask or otherwise covering one's face for a purpose
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other than a purpose specified in subsection (a), in cases where
the person is:
(1) Wearing a mask or face covering on or near the
occasion of a holiday, celebration or other event involving
costumes.
(2) Wearing a mask, hood, article or other device for
the purpose of ensuring the physical safety of the wearer or
because of the nature of the person's occupation, trade or
profession.
(3) Wearing a mask, hood, article or other device for
the purpose of protection from the weather elements or while
participating in a winter sport.
(4) Wearing a mask, hood, article or other device in an
artistic or theatrical production or celebration.
(5) Wearing a gas mask or other protective facial
covering for the purpose of protection during or related to
an emergency situation, or during emergency management
drills.
(6) Wearing a mask for the purpose of ensuring one's
physical health and safety or the health and safety of
others, including the limitation of the spread of airborne
illnesses.
(7) Wearing garb for religious purposes, so long as the
person is not also wearing a mask or concealing the person's
face for the primary purpose described in subsection (a).
(c) Grading.--An offense under this section is a misdemeanor
of the third degree.
(d) Construction.--Nothing in this section shall be
construed to diminish or infringe upon any right protected under
the First Amendment to the Constitution of the United States.
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(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Harass." To engage in a knowing and willful pattern of
conduct directed at a particular person or particular group of
persons that is intended to cause that person or that group of
persons to reasonably fear for their safety or suffer
substantial emotional distress.
"Intimidate." To willfully and substantially interfere with,
by threats, intimidation or coercion, the exercise or enjoyment
by another person of rights secured by the Constitution or laws
of the United States, or the Constitution or laws of this
Commonwealth, because of that person's actual or perceived race,
color, religion, national origin, ethnicity, sex, gender, gender
identity or expression, sexual orientation or disability.
"Threaten." To communicate a clear intention to cause
imminent bodily harm to another person or group of persons.
Section 2. This act shall take effect in 60 days.
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