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SECOND REGULAR SESSION
SENATE BILL NO. 1043
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR WASHINGTON.
5730S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 565, RSMo, by adding thereto one new section relating to the offense 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 1
one new section, to be known as section 565.097, to read as 2
follows:3
565.097. 1. A person commits the offense of masked 1
intimidation if that person intentionally harasses, 2
intimidates, or threatens any other person or group of 3
persons while hiding or concealing their face with a mask or 4
any other article or device for the purpose of concealing 5
their identity and with the intent to place another person 6
or group of persons in reasonable fear for their physical 7
safety. 8
2. A person who commits the offense of masked 9
intimidation shall be guilty of a class E felony for the 10
first offense, a class D felony for the second offense, and 11
a class C felony for a third or subsequent offense. 12
3. For purposes of this section, the following terms 13
shall mean: 14
(1) "Harass", to engage in a knowing and willful 15
pattern of conduct directed at a particular person or 16
particular group of persons that is intended to cause that 17
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person or that group of persons to reasonably fear for their 18
safety or suffer substantial emotional distress; 19
(2) "Intimidate", to willfully and substantially 20
interfere, by threats, intimidation, or coercion, with the 21
exercise or enjoyment by any other person or persons of 22
rights secured by the constitution or laws of the United 23
States, or of rights secured by the constitution or laws of 24
the state of Missouri, because of that person or person’s 25
actual or perceived race, color, religion, national origin, 26
ethnicity, sex, gender, gender identity or expression, 27
sexual orientation, or disability; 28
(3) "Threaten", to communicate a clear intention to 29
cause imminent bodily harm to another person. 30
4. The provisions of this section shall not apply to 31
any person or persons wearing a mask or otherwise covering 32
one's face for any purpose other than a purpose specified in 33
subsection 1 of this section, in cases where a person is: 34
(1) Wearing a mask or face covering on or near the 35
occasion of a holiday, celebration or other event involving 36
costumes; 37
(2) Wearing a mask, hood, article, or other device for 38
the purpose of ensuring the physical safety of the wearer or 39
because of the nature of the person's occupation, trade, or 40
profession; 41
(3) Wearing a mask, hood, article, or other device for 42
the purpose of protection from the weather elements or while 43
participating in a winter sport; 44
(4) Wearing a mask, hood, article, or other device in 45
an artistic or theatrical production or celebration; 46
(5) Wearing a gas mask or other protective facial 47
covering for the purposes of protection during or related to 48
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an emergency situation, or during emergency management 49
drills; 50
(6) Wearing a mask for the purpose of ensuring one's 51
physical health and safety or the health and safety of 52
others, including, but not limited to, limiting the spread 53
of airborne illnesses; or 54
(7) Wearing any garb for religious purposes. 55
5. Nothing in this section shall be construed to 56
diminish or infringe upon any right protected under the 57
First Amendment to the Constitution of the United States or 58
any right protected under the constitution of Missouri. 59
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