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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
unlawful
masking; violation
(NOW: unlawful masking; penalty)
Purpose
Establishes a sentencing enhancement that requires a person who is convicted of any offense that was committed while wearing a mask with the intent to conceal the person's identity to be sentenced for the next higher class of offense than that for which the person is charged.
Background
Criminal offenses are assigned classifications that determine the applicable sentencing ranges, including minimum, presumptive and maximum terms of imprisonment for felony offenses. The court imposes a sentence within statutory ranges and may consider aggravating and mitigating circumstances to determine the appropriate term. Sentence enhancements can also be imposed, allowing additional penalties or increased sentencing consequences based on specific circumstances, which are imposed in addition to or in conjunction with the underlying offense classification (A.R.S. §§ 13-701 and 13-702).
If a defendant committed an offense while disguised or wearing a mask or other device to conceal the defendant's identity, it is considered an aggravating circumstance and may be considered by the court at sentencing to increase the severity of the sentence within the statutory range for the offense (A.R.S. § 13-701).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a person who is convicted of any offense that was committed while wearing a mask with the intent to conceal the person's identity to be sentenced for the next higher class of offense than that for which the person is charged.
2. Specifies that the sentencing enhancement does not apply to class 1 or 2 felonies.
3. Specifies that the additional sentence imposed is in addition to any enhanced sentence that may be applicable and does not preclude the court from imposing any other sentence that is authorized by law.
4. Allows the court to waive the application of the sentence enhancement at sentencing if the court finds by clear and convincing evidence that the mask was worn as a religious covering, consistent with the defendant's sincerely held religious beliefs.
5. Defines mask as a covering that obscures or is worn over a person's nose or mouth.
6. Becomes effective on the general effective date.
House Action
JUD 2/18/26 DPA/SE 7-2-0-0
3rd Read 3/2/26 31-25-3-0-1
Prepared by Senate Research
March 20, 2026
ZD/MY/ci