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5420S.03C
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SENATE COMMITTEE SUBSTITUTE
FOR
SENATE BILLS NOS. 1150 & 1043
AN ACT
To repeal section 557.035, RSMo, and to enact in lieu
thereof two new sections 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Section A. Section 557.035, RSMo, is repealed and two new
sections enacted in lieu thereof, to be known as sections
557.035 and 565.097, to read as follows:
557.035. 1. For all violations of section 565.054 or
565.090, subdivision (1) of subsection 1 of section 569.100,
or subdivision (1), (2), (3), (4), (6), (7) or (8) of
subsection 1 of section 571.030, which the state believes to
be knowingly motivated because of race, color, religion,
national origin, sex, sexual orientation or disability of
the victim or victims, the state may charge the offense or
offenses under this section, and the violation is a class D
felony.
2. For all violations of section 565.056; subdivision
(1) of subsection 1 of section 569.090; section 565.097;
subdivision (1) of subsection 1 of section 569.120; section
569.140; or section 574.050; which the state believes to be
knowingly motivated because of race, color, religion,
national origin, sex, sexual orientation or disability of
the victim or victims, the state may charge the offense or
offenses under this section, and the violation is a class E
felony.
3. The court shall assess punishment in all of the
cases in which the state pleads and proves any of the
motivating factors listed in this section.
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565.097. 1. A person commits the offense of masked
intimidation if the person intentionally harasses,
intimidates, or threatens any other person while hiding or
concealing their face with a mask, hood, or any other
article or device for the purpose of concealing their
identity and with the intent to place another person in
reasonable fear for their physical safety.
2. A person who commits the offense of masked
intimidation shall be guilty of a class E felony for the
first offense, a class D felony for the second offense, and
a class C felony for a third or subsequent offense.
3. This section shall not apply to any person wearing
a mask or otherwise covering one's face for any purpose
other than a purpose specified in subsection 1 of this
section, in cases where a person is wearing a:
(1) Mask or face covering on or near the occasion of a
holiday, celebration, or other event involving costumes;
(2) Mask, hood, article, or other device for the
purpose of ensuring the physical safety of the wearer or
because of the nature of the person's occupation, trade, or
profession;
(3) Mask, hood, article, or other device for the
purpose of protection from the weather elements or while
participating in a winter sport;
(4) Mask, hood, article, or other device in an
artistic or theatrical production or celebration;
(5) Gas mask or other protective facial covering for
the purposes of protection during or related to emergency
situations or during emergency management drills;
(6) A mask for the purpose of ensuring one's physical
health and safety or the health and safety of others,
including but not limited to limiting the spread of airborne
illnesses; or
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(7) Any garb for religious purposes.
4. 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.
5. For purposes of this section, the following terms
mean:
(1) "Harass", engaging in a knowing and willful
pattern of conduct directed at a particular person or
particular group of persons that is intended to cause that
person or that group of persons to reasonably fear for their
safety or suffer substantial emotional distress;
(2) "Intimidate", willfully and substantially
interfering, by threats, intimidation, or coercion, with the
exercise or enjoyment by any other person of rights secured
by the constitution or laws of the United States, or of
rights secured by the constitution or laws of this state,
because of that person or person's actual or perceived race,
color, religion, national origin, ethnicity, sex, gender,
gender identity or expression, sexual orientation, or
disability;
(3) "Threaten", communication with the clear intention
to cause imminent physical injury to another person.