SB 543 — An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in riot, disorderly conduct and related offenses, providing for the offense of masked intimidation; and imposing penalties.

PRINTER'S NO.   561

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 543
                                               Session of
                                                 2025

     INTRODUCED BY ARGALL, MASTRIANO, SCHWANK, STEFANO, DUSH,
        ROTHMAN, PHILLIPS-HILL, BOSCOLA, J. WARD AND PICOZZI,
        APRIL 4, 2025

     REFERRED TO JUDICIARY, APRIL 4, 2025


                                    AN ACT
 1   Amending Title 18 (Crimes and Offenses) of the Pennsylvania
 2      Consolidated Statutes, in riot, disorderly conduct and
 3      related offenses, providing for the offense of masked
 4      intimidation; and imposing penalties.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.    Title 18 of the Pennsylvania Consolidated
 8   Statutes is amended by adding a section to read:
 9   § 5504.1.   Masked intimidation.
10      (a)    Offense defined.--A person is guilty of masked
11   intimidation if the person intentionally harasses, intimidates
12   or threatens any other person or group of persons while hiding
13   or concealing the person's face with a mask or other article or
14   device worn for the primary purpose of placing the other person
15   or group of persons in reasonable fear for their physical
16   safety.
17      (b)    Application.--Subsection (a) shall not apply to a person
18   wearing a mask or otherwise covering one's face for a purpose
 1   other than a purpose specified in subsection (a), in cases where
 2   the person is:
 3            (1)   Wearing a mask or face covering on or near the
 4      occasion of a holiday, celebration or other event involving
 5      costumes.
 6            (2)   Wearing a mask, hood, article or other device for
 7      the purpose of ensuring the physical safety of the wearer or
 8      because of the nature of the person's occupation, trade or
 9      profession.
10            (3)   Wearing a mask, hood, article or other device for
11      the purpose of protection from the weather elements or while
12      participating in a winter sport.
13            (4)   Wearing a mask, hood, article or other device in an
14      artistic or theatrical production or celebration.
15            (5)   Wearing a gas mask or other protective facial
16      covering for the purpose of protection during or related to
17      an emergency situation, or during emergency management
18      drills.
19            (6)   Wearing a mask for the purpose of ensuring one's
20      physical health and safety or the health and safety of
21      others, including the limitation of the spread of airborne
22      illnesses.
23            (7)   Wearing garb for religious purposes, so long as the
24      person is not also wearing a mask or concealing the person's
25      face for the primary purpose described in subsection (a).
26      (c)   Grading.--An offense under this section is a misdemeanor
27   of the third degree.
28      (d)   Construction.--Nothing in this section shall be
29   construed to diminish or infringe upon any right protected under
30   the First Amendment to the Constitution of the United States.

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 1      (e)   Definitions.--As used in this section, the following
 2   words and phrases shall have the meanings given to them in this
 3   subsection unless the context clearly indicates otherwise:
 4      "Harass."    To engage in a knowing and willful pattern of
 5   conduct directed at a particular person or particular group of
 6   persons that is intended to cause that person or that group of
 7   persons to reasonably fear for their safety or suffer
 8   substantial emotional distress.
 9      "Intimidate."    To willfully and substantially interfere with,
10   by threats, intimidation or coercion, the exercise or enjoyment
11   by another person of rights secured by the Constitution or laws
12   of the United States, or the Constitution or laws of this
13   Commonwealth, because of that person's actual or perceived race,
14   color, religion, national origin, ethnicity, sex, gender, gender
15   identity or expression, sexual orientation or disability.
16      "Threaten."    To communicate a clear intention to cause
17   imminent bodily harm to another person or group of persons.
18      Section 2.    This act shall take effect in 60 days.




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