Maryland Senate Bill SB709

Maryland 2025 Regular Session

• Introduced: 1/31/25
• Refer: 1/31/25

Caption

Criminal Law - Masked Intimidation - Prohibition (Unmask Hate Act)

Impact

If enacted, SB709 would create a legal and enforceable standard against masked intimidation in Maryland. The law specifies penalties for violations, which could lead to either imprisonment of up to 90 days and/or fines for first offenses, with increased penalties for subsequent offenses. By defining and criminalizing this particular form of intimidation, the bill aims to enhance public safety and deter individuals from engaging in such behaviors masked under the pretext of anonymity.

Summary

Senate Bill 709, titled the Unmask Hate Act, aims to specifically address and prohibit the act of harassment, intimidation, or threats made by individuals concealing their identities with masks or other articles. The bill is introduced in the context of growing concerns over anonymity when committing acts of intimidation and the associated risks to public safety. This legislation seeks to provide a clearer legal framework to categorize such actions as misdemeanors under Maryland's criminal law, emphasizing the importance of accountability for behaviors that instill fear in others.

Contention

The bill may face contention regarding interpretations of intent and the practical implications of penalizing individuals based on their attire. Concerns could be raised related to freedom of expression and the potential chilling effect on lawful demonstrations or artistic expressions that may involve wearing masks. Moreover, the legislation includes affirmative defenses, suggesting that there are scenarios where wearing a mask would not constitute a violation, thus seeking to balance the enforcement of safety while accommodating legitimate uses of masks.