EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0709*
SENATE BILL 709
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CF 5lr2192
By: Senators Waldstreicher and Jackson
Introduced and read first time: January 27, 2025
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Masked Intimidation – Prohibition 2
(Unmask Hate Act) 3
FOR the purpose of prohibiting a person from intentionally harassing, intimidating, or 4
threatening another person while hiding or concealing their face; and generally 5
relating to masked intimidation. 6
BY adding to 7
Article – Criminal Law 8
Section 3–810 9
Annotated Code of Maryland 10
(2021 Replacement Volume and 2024 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Criminal Law 14
3–810. 15
(A) A PERSON MAY NOT INTEN TIONALLY HARASS , INTIMIDATE, OR 16
THREATEN A PERSON : 17
(1) WHILE HIDING OR CONC EALING THEIR FACE WI TH A MASK OR ANY 18
OTHER ARTICLE OR DEV ICE WITH THE PURPOSE OF CONCE ALING THE PERSON ’S 19
IDENTITY; AND 20
(2) WITH THE INTENT TO P LACE ANOTHER PERSON IN REASONABLE 21
FEAR OF THEIR PHYSIC AL SAFETY. 22
2 SENATE BILL 709
(B) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 1
AND ON CONVICTION IS SUBJECT TO: 2
(1) FOR A FIRST OFFENSE , IMPRISONMENT NOT EXC EEDING 90 DAYS 3
OR A FINE NOT EXCEED ING $500 OR BOTH; AND 4
(2) FOR A SECOND OR SUBS EQUENT OFFENSE , IMPRISONMENT NOT 5
EXCEEDING 180 DAYS OR A FINE NOT E XCEEDING $1,000 OR BOTH. 6
(C) NOTWITHSTANDING ANY O THER LAW, A CONVICTION UNDER THI S 7
SECTION MAY NOT MERG E WITH A CONVICTION FOR ANY OTHER CRIME BASED ON 8
THE ACT ESTABLISHING THE VIOLATION OF THI S SECTION. 9
(D) A SENTENCE IMPOSED UND ER THIS SECTION MAY BE SEPARATE FROM 10
AND CONSECUTIVE TO O R CONCURRENT WITH A SENTENCE FOR ANY CRIME BA SED 11
ON THE ACT ESTABLISH ING THE VIOLATION OF THIS SECTION. 12
(E) IT IS AN AFFIRMATIVE DE FENSE IN A PROCEEDIN G UNDER THIS 13
SECTION THAT THE PERSON WAS: 14
(1) WEARING A MASK OR FA CE COVERING IN CELEBRATION OF A 15
HOLIDAY, CELEBRATION , OR OTHER EVENT WHERE MASKS OR FACE COVERINGS ARE 16
TRADITIONALLY WORN ; 17
(2) WEARING A MASK , HOOD, ARTICLE, OR OTHER DEVICE AS 18
PERSONAL PROTECTIVE EQUIPMENT AS PART OF THE PERSON’S OCCUPATION , 19
TRADE, OR PROFESSION ; 20
(3) WEARING A MASK , HOOD, ARTICLE, OR OTHER DEVICE FOR THE 21
PURPOSE OF PROTECTIO N FROM WEATHER ELEME NTS OR WHILE PARTICI PATING IN 22
A WINTER SPORT ; 23
(4) WEARING A MASK , HOOD, ARTICLE, OR OTHER DEVICE IN A N 24
ARTISTIC OR THEATRIC AL PRODUCTION OR CEL EBRATION; 25
(5) WEARING A GAS MASK O R OTHER PROT ECTIVE FACIAL COVERI NG 26
FOR THE PURPOSES OF PROTECTION DURING OR RELATING TO AN EMERGENCY 27
SITUATION OR DURING AN EMERGENCY MANAGEM ENT DRILL; 28
(6) WEARING A MASK TO LIMIT THE SPREAD OF AIRBOR NE ILLNESSES; 29
OR 30
(7) WEARING ANY GARMENT FOR RELIGIOUS PURPOS ES. 31 SENATE BILL 709 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2025. 2