HB 599 — An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in assault, providing for the offense of masked intimidation; and imposing penalties.

PRINTER'S NO.   607

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 599
                                               Session of
                                                 2025

     INTRODUCED BY GROVE, KAUFFMAN, SMITH, KUZMA, M. MACKENZIE AND
        WARNER, FEBRUARY 12, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 12, 2025


                                      AN ACT
 1   Amending Title 18 (Crimes and Offenses) of the Pennsylvania
 2      Consolidated Statutes, in assault, providing for the offense
 3      of masked intimidation; and imposing penalties.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.    Title 18 of the Pennsylvania Consolidated
 7   Statutes is amended by adding a section to read:
 8   § 2720.   Masked intimidation.
 9      (a)    Offense defined.--A person commits the offense of masked
10   intimidation if the person, while wearing a facial covering,
11   intentionally harasses, intimidates or threatens another
12   individual or a group of individuals with the intent of placing
13   the other individual or group of individuals in reasonable fear
14   for their physical safety.
15      (b)    Grading.--An offense under this section shall be
16   classified as a misdemeanor of the third degree.
17      (c)    Applicability.--This section does not apply to a person
18   who, without any intent specified in subsection (a), wears a
 1   facial covering:
 2            (1)   as part of a costume of the person, on or near the
 3      occasion of a holiday, celebration or other event involving
 4      costumes;
 5            (2)   to ensure the physical safety of the person;
 6            (3)   because of the nature of the occupation, trade or
 7      profession of the person;
 8            (4)   to protect the person from the weather elements or
 9      while participating in a winter sport;
10            (5)   as part of an artistic or theatrical production or
11      celebration;
12            (6)   to protect the person during an emergency situation
13      or emergency management drill or related event, as in the
14      case of wearing a gas mask or other protective facial
15      covering;
16            (7)   to ensure the physical health and safety of the
17      person or the health and safety of other individuals,
18      including to limit the spread of an airborne illness; or
19            (8)   as a garb for religious purposes.
20      (d)   Construction.--Nothing in this section shall be
21   construed to diminish or infringe upon any right protected under
22   the First Amendment to the Constitution of the United States.
23      (e)   Definitions.--As used in this section, the following
24   words and phrases shall have the meanings given to them in this
25   subsection unless the context clearly indicates otherwise:
26      "Facial covering."    A mask, device, hood or other article
27   that covers, hides or otherwise conceals the face or identity of
28   an individual.
29      "Harass."     To engage in a knowing and willful pattern of
30   conduct directed at a particular individual or group of

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 1   individuals that is intended to cause the individual or group of
 2   individuals to reasonably fear for their safety or suffer
 3   substantial emotional distress.
 4      "Intimidate."    To willfully and substantially interfere with,
 5   by threat, intimidation or coercion, the exercise or enjoyment
 6   by another individual or a group of individuals of rights
 7   secured by the Constitution of the United States, the
 8   Constitution of Pennsylvania or by Federal or State law, because
 9   of the actual or perceived race, color, religion, national
10   origin, ethnicity, sex, gender, gender identity or expression,
11   sexual orientation or disability of the other individual or
12   group of individuals.
13      "Threaten."    To communicate a clear intention to cause
14   imminent bodily harm to another individual or a group of
15   individuals.
16      Section 2.    This act shall take effect in 60 days.




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