Masked intimidation, offense of

565.097. Masked intimidation, offense of — penalties — definitions. — 1. A person commits the offense of masked intimidation if the person intentionally harasses, intimidates, or threatens any other person while hiding or concealing their face with a mask, hood, or any other article or device for the purpose of concealing their identity and with the intent to place another person in reasonable fear for their physical safety.

2. A person who commits the offense of masked intimidation shall be guilty of a class E felony for the first offense, a class D felony for the second offense, and a class C felony for a third or subsequent offense.

3. This section shall not apply to any person wearing a mask or otherwise covering one's face for any purpose other than a purpose specified in subsection 1 of this section, in cases where a person is wearing:

(1) A mask or face covering on or near the occasion of a holiday, celebration, or other event involving costumes;

(2) A mask, hood, article, or other device for the purpose of ensuring the physical safety of the wearer or because of the nature of the person's occupation, trade, or profession;

(3) A mask, hood, article, or other device for the purpose of protection from the weather elements or while participating in a winter sport;

(4) A mask, hood, article, or other device in an artistic or theatrical production or celebration;

(5) A gas mask or other protective facial covering for the purposes of protection during or related to emergency situations or during emergency management drills;

(6) A mask for the purpose of ensuring one's physical health and safety or the health and safety of others, including, but not limited to, limiting the spread of airborne illnesses; or

(7) Any garb for religious purposes.

4. Nothing in this section shall be construed to diminish or infringe upon any right protected under the First Amendment to the Constitution of the United States.

5. For purposes of this section, the following terms mean:

(1) "Harass", engaging in a knowing and willful pattern of conduct directed at a particular person or particular group of persons that is intended to cause that person or that group of persons to reasonably fear for their safety or suffer substantial emotional distress;

(2) "Intimidate", willfully and substantially interfering, by threats, intimidation, or coercion, with the exercise or enjoyment by any other person of rights secured by the constitution or laws of the United States, or of rights secured by the constitution or laws of this state, because of that person or person's actual or perceived race, color, religion, national origin, ethnicity, sex, gender, gender identity or expression, sexual orientation, or disability;

(3) "Threaten", communication with the clear intention to cause imminent physical injury to another person.