Creates the criminal offense of masked intimidation

SECOND REGULAR SESSION
HOUSE BILL NO. 2564
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE PRICE.
6277H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 565, RSMo, by adding thereto one new section relating to the of fense of
masked intimidation, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 565, RSMo, is amended by adding thereto one new section, to be
2 known as section 565.097, to read as follows:
565.097. 1. A person commits the offense of masked intimidation if that person
2 intentionally harasses, intimidates, or thr eatens any other person or grou p of persons
3 while hiding or concealing his or her face with a mask or any other article or device for
4 the purpose of concealing his or her identity and with the intent to place another person
5 or gr oup of persons in r easonable fear for their physical safety .
6 2. A person who commits the offense of masked intimidation shall be guilty of a
7 class E felony for the first offense, a class D felony for the second offense, and a class C
8 felony for a third or subsequent offense.
9 3. For purposes of this section, the following terms shall mean:
10 (1) "Harass", to engage in a knowing and willful pattern of conduct dir ected at a
11 particular person or particular grou p of persons that is intended to cause that person or
12 that gro up of persons to reas onably fear for their safety or suffer substantial emotional
13 distr ess;
14 (2) "Intimidate", to willfully and substantially interfere , by thr eats,
1 5 intimidation, or coercio n, with the exer cise or enjoyment by any other person or
16 persons of rights secur ed by the constitution or laws of the United States, or of rights
17 secur ed by the constitution or laws of the state of Missouri, because of that person or
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 person’ s actual or per ceived race, color , rel igion, national origin, ethnicity , sex, gender ,
19 gender identity or expr ession, sexual orientation, or disability;
20 (3) "Thr eaten", to communicate a clear intention to cause imminent bodily
21 harm to another person.
22 4. The provi sions of this section shall not apply to any person or persons wearing
23 a mask or otherwise covering one's face for any purpose other than a purpose specified
24 in subsection 1 of this section, in cases wher e a person is:
25 (1) W earing a mask or face covering on or near the occasion of a holiday ,
26 celebration, or other event involving costumes;
27 (2) W earing a mask, hood, article, or other device for the purpose of ensuring
28 the physical safety of the weare r or because of the natur e of the person's occupation,
29 trade, or profes sion;
30 (3) W earing a mask, hood, article, or other device for the purpose of pr otection
31 fr om the weather elements or while participating in a winter sport;
32 (4) W earing a mask, hood, article, or other device in an artistic or theatrical
33 pr oduction or celebration;
34 (5) W earing a gas mask or other pr otective facial covering for the purposes of
35 pr otection during or r elated to an emergency situation, or during emergency
36 management drills;
37 (6) W earing a mask for the purpose of ensuring one's physical health and safety
38 or the health and safety of others, including, but not limited to, limiting the spr ead of
39 airborne illnesses; or
40 (7) W earing any garb for relig ious purposes.
41 5. Nothing in this section shall be construed to diminish or infringe upon any
42 right pr otected under the First Amendment to the Constitution of the United States or
43 any right pr otected under the constitution of Missouri.
✔
HB 2564 2