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REFERENCE TITLE: unlawful masking; violation |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 2862 |
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Introduced by Representative Nguyen
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AN ACT
amending title 13, chapter 29, Arizona Revised Statutes, by adding section 13-2925; relating to offenses against public order.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 29, Arizona Revised Statutes, is amended by adding section 13-2925, to read:
13-2925. Unlawful masking; classification; definitions
A. A person who, with the intent to conceal the person's identity, wears a mask while present at a public assembly commits unlawful masking.
b. It is a defense to a prosecution under this section if any of the following applies:
1. The public assembly takes place on private property.
2. The public assembly is held with the permission of the owner, manager or other person having lawful control of, or a contractual interest in, the property.
3. The owner, manager or other person having lawful control of, or a contractual interest in, the property grants permission to participants in the public assembly to wear masks.
c. Unlawful masking is a class 3 misdemeanor, except that a second or subsequent violation is a class 1 misdemeanor.
D. For the purposes of this section:
1. "Mask":
(a) Means a covering that obscures or is worn over a person's nose or mouth.
(b) Does not include any of the following:
(i) A holiday costume, if worn to celebrate the holiday.
(ii) A theater costume worn by a person participating in a theater production.
(iii) A covering worn for religious purposes.
(iv) A covering worn for the purposes of occupational safety.
(v) A medical device, if the device is either prescribed by a physician or worn in a health care facility.
(vi) A helmet or similar protective device, if worn by a person operating or riding on a motorcycle, bicycle, scooter, roller skates or other similar device.
(vii) Athletic equipment, if worn by a person participating in an athletic contest.
(viii) Equipment worn by an emergency medical services provider while acting within the scope of the emergency medical provider's professional responsibilities.
(ix) Equipment or a face covering worn by a law enforcement officer acting within the scope of the law enforcement officer's employment.
2. "Public assembly" means a gathering that has at least ten people and that occurs in a public place or in a place to which the general public is invited or permitted to enter.