How does the old criminal "New York mask law" differ from the current one?
Answer
Penal Law §240.35(4) Repealed by Laws 2020, chapter 98, §1, eff June 13, 2020. Bill Jacket available at New York State Archives.
Assembly introducer’s Mem in Support of 2020 NY Assembly Bill A10446, enacted as L 2020, ch 98:
"Historically, loitering laws have been used for no legitimate public safety purpose. New York State's statute dates back to the 1845 rent riots. Since then, the law has been used to criminalize protest, as well as to arrest New Yorkers 'masquerading' as a different gender. Further, in a time when masks and other face coverings are recommended for health reasons and the Governor has mandated the use of face coverings in certain situations, it's necessary to repeal the statute that prohibits the use of masks in public to avoid confusion. It's essential to ensure that New Yorkers know that they cannot be prosecuted for following the Governor's guidance."
Repealed Text
“4. Being masked or in any manner disguised by unusual or unnatural attire or facial alteration, loiters, remains or congregates in a public place with other persons so masked or disguised, or knowingly permits or aids persons so masked or disguised to congregate in a public place; except that such conduct is not unlawful when it occurs in connection with a masquerade party or like entertainment if, when such entertainment is held in a city which has promulgated regulations in connection with such affairs, permission is first obtained from the police or other appropriate authorities; or”.
Derivation and Legislative History
Subd. 4. Penal Law 1909 §§710, 711. Said §710 was from Penal Code 1881 § 452. Said §711 was from Penal Code 1881 §453.
L 1845, ch 3 “An Act to prevent persons appearing disguised and armed.” Passed Jan 28, 1845.
“New York's first anti-mask law, 'An Act to prevent persons appearing disguised and armed,' was enacted in 1845, as sections 1 and 6 of Chapter 3 of the Laws of 1845. … The purpose of the 'Act' was to quell the 'anti-rent riots,' an armed insurrection by farmers in the Hudson Valley. 'This particular statute was addressed to a specific group of insurrectionists who, while disguised as "Indians," murdered law enforcement officers attempting to serve writs upon the farmers. The "Indians" were in fact farmers, who as part of their costumes, wore women's calico dresses to further conceal their identities.'"
People v Aboaf, 187 Misc 2d 173, 183 [Crim Ct 2001], quoting People v Archibald, 58 Misc2d 862 (App Term, 1st Dept 1968 dissenting opinion)
A bill proposed in 2024-25 (A.10057A/S.9867) and reintroduced in 2025-26 (A.3133/S.3070) would have enacted Penal Law §240.12, establishing the offense of "Concealment of identity in a lawful assembly, unlawful assembly, or riot".
Current Law
On May 9, 2025, as part of one of the 2025-26 budget bills (Laws 2025, chapter 56), Governor Hochul signed New York's current criminal "New York mask law", New York Penal Law §205.35 ("Evading arrest by concealment of identity"), defined as follows:
"A person is guilty of evading arrest by concealment of identity when, in the course of the commission of a felony or class A misdemeanor or in the immediate flight therefrom, such person wears a mask or facial covering or otherwise obscures their face, completely or partially, for no legitimate purpose with the intent to prevent their identification, apprehension, or arrest for such crime.
"Evading arrest by concealment of identity is a class B misdemeanor."
The new law took effect June 8, 2025.