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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
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HB 2862: unlawful masking; violation
Sponsor: Representative Nguyen, LD 1
Committee on Judiciary
Overview
Creates the misdemeanor offense of unlawful masking by prohibiting a person from wearing a mask at a qualifying public assembly with the intent to conceal identity.
History
Under A.R.S. § 13-2902 it is a class 1 misdemeanor to: 1) assemble with at least two other people with the intent to engage in conduct that would constitute a riot; or 2) remain at an assembly where two or more others are engaged in, or have the readily apparent intent to engage in, riotous conduct and knowingly refuse to obey an official order to disperse.
Under A.R.S. § 13-2903 it is a class 5 felony for a person, acting together with at least two other persons, to recklessly use force or violence, or threaten to use force or violence with immediate power of execution, in a way that disturbs the public peace.
Provisions
1. Establishes the crime of unlawful masking, defined as a person who, with intent to conceal his identity, wears a mask while present at a public assembly. (Sec. 1)
2. Creates defenses to prosecution for unlawful masking if any of the following apply:
a. the public assembly takes place on private property;
b. the public assembly is held with the permission of the owner or manager of the property; or
c. the owner or manager of the property grants permission for participants to wear masks. (Sec. 1)
3. Classifies the offense as a class 3 misdemeanor, and classifies a second or subsequent violation as a class 1 misdemeanor. (Sec. 1)
4. Defines mask and public assembly. (Sec. 1)
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Initials NM HB 2862
2/5/2026 Page 0 Judiciary
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