PRINTER'S NO. 3802
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2653
Session of
2024
INTRODUCED BY GROVE, BARTON, M. MACKENZIE AND KUZMA,
OCTOBER 23, 2024
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 23, 2024
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.
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:
ยง 2720. Masked intimidation.
(a) Offense defined.--A pers on commits the offense of masked
intimidation if the person, while wearing a facial covering,
intentionally harasses, intimidates or threatens another
individual or a group of individuals with the intent of placing
the other individual or group of individuals in reasonable fear
for their physical safety.
(b) Grading.--An offense under this section shall be
classified as a misdemeanor of the third degree.
(c) Applicability.--This section does not apply to a person
who, without any intent specified in subsection (a), wears a
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
facial covering:
(1) as part of a costume of the person, on or near the
occasion of a holiday, celebration or other event involving
costumes;
(2) to ensure the physical safety of the person;
(3) because of the nature of the occupation, trade or
profession of the person;
(4) to protect the person from the weather elements or
while participating in a winter sport;
(5) as part of an artistic or theatrical production or
celebration;
(6) to protect the person during an emergency situation
or emergency management drill or related event, as in the
case of wearing a gas mask or other protective facial
covering;
(7) to ensure the physical health and safety of the
person or the health and safety of other individuals,
including to limit the spread of an airborne illness; or
(8) as a garb for religious purposes.
(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.
(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:
"Facial covering." A mask, device, hood or other article
that covers, hides or otherwise conceals the face or identity of
an individual.
"Harass." To engage in a knowing and willful pattern of
conduct directed at a particular individual or group of
20240HB2653PN3802 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
individuals that is intended to cause the individual or group of
individuals to reasonably fear for their safety or suffer
substantial emotional distress.
"Intimidate." To willfully and substantially interfere with,
by threat, intimidation or coercion, the exercise or enjoyment
by another individual or a group of individuals of rights
secured by the Constitution of the United States, the
Constitution of Pennsylvania or by Federal or State law, because
of the actual or perceived race, color, religion, national
origin, ethnicity, sex, gender, gender identity or expression,
sexual orientation or disability of the other individual or
group of individuals.
"Threaten." To communicate a clear intention to cause
imminent bodily harm to another individual or a group of
individuals.
Section 2. This act shall take effect in 60 days.
20240HB2653PN3802 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16