ALBANY, N.Y. — New York is considering introducing a new criminal charge aimed at individuals who conceal their identities with masks while engaging in criminal activities. This initiative is part of a larger budgetary proposal that state lawmakers are set to debate soon, as stated by Gov. Kathy Hochul on Monday.
The proposed legislation would classify it as a misdemeanor if someone uses a mask to hide their identity while committing a Class A misdemeanor or a more serious crime, or while escaping the scene immediately after such an act, as explained by the governor’s office.
This legislative push follows Gov. Hochul’s earlier consideration of a ban on masks within the New York City subway system, prompted by concerns over masked individuals conducting anti-Semitic attacks. However, the notion of a mask ban met with immediate criticism, with detractors warning that it might suppress protests by forcing participants to reveal their identities and consequently becoming vulnerable to backlash in their personal or professional lives. During the COVID-19 pandemic, masks were mandatory on the subways, and many commuters still choose to wear them for health safety reasons.
Gov. Hochul, a Democrat, previously acknowledged the complexities of designing a mask ban, admitting that it would require exceptions for health, cultural, or religious grounds. No legislation was introduced then. Subsequently, Democrat state Sen. James Skoufis proposed a bill to criminalize wearing masks while harassing or threatening others, a measure that Gov. Hochul seemed to support. However, the proposal did not advance amidst concerns it might allow for subjective enforcement.
The debate around mask usage reemerged in recent state budget discussions, particularly as the federal government intensified actions against international students and scholars critical of Israel or involved in pro-Palestinian advocacy.
Gov. Hochul clarified at a press briefing that the term “mask ban” might have been exaggerated but celebrated the progress made. She stated, “What people are looking for is to prevent individuals from committing crimes while hidden behind a mask, and this proposal achieves that.”
Sen. Skoufis noted that the current proposal addresses the issue of mask usage in crime while reducing potential bias in law enforcement. He remarked on the influence of recent federal policies on the negotiations around this measure. “Where we ended up doesn’t provide any additional power or mechanism to ICE or federal enforcement beyond what New York already offers,” he said, alluding to the U.S. Immigration and Customs Enforcement.
Meanwhile, Allie Bohm, a senior policy counsel at the New York Civil Liberties Union, remarked that Hochul’s initial stance on banning masks had been “deeply unpopular” and placed protesters who fear identification by federal authorities at risk.
“We have a federal government that has shown intent to target dissenters, including protestors,” Bohm pointed out, highlighting concerns over the administration’s potential targeting of individuals expressing opposing views.