A recently filed bill would amend one of three exiting Oklahoma statutes dealing with masks, robes or other disguises.
SB0013, filed by Sen. Don Barrington, makes using masks, robes or other disguises in public places unlawful, amending statute 21-1301, and would expand the exemptions covered by the statute.
The current law prohibits the use of "a mask, hood or covering, which conceals the identity of the wearer during a commission of a crime or for the purpose of coercion, intimidation or harassment.”
Barrington’s proposed adds “to intentionally conceal his or her identity in a public place by means of a robe, mask, or other disguise.”
“I think it’s important for public safety standpoint and for the approachability of public places like the state capitol,” said Barrington, R-Lawton. “A lot of activities that are going on and it’s necessary to give our citizens some assurance that we’re aware of some things and trying to prevent vicious activity.”
Barrington said he did receive some input from law enforcement to ensure that a law could be enforced. These actions with vicious intent, he said, should have consequences. The existing statute requires violation of this law to result in a fine of between $50 and $500 or incarceration for up to one year.
Barrington’s bill also expands the types of exemptions allowed under the law.
Current law, written in 1923 and amended in 1999, reads “shall not apply to the pranks of children on Halloween, to those going to, or from, or participating in masquerade parties, to those participating in any public parade or exhibition of an educational, religious or historical character, to those participating in any meeting of any organization within any building or enclosure wholly within and under the control of said organization, and to those participating in the parades or exhibitions of minstrel troupes, circuses or other amusements or dramatic shows.”
Barrington’s revisions would add additional exemptions for “those wearing coverings required by their religious beliefs, for safety or medical purposes, or incidental to protection from the weather” or for “sporting groups, (and) mascots.”
Oklahoma statute 21-1302 also addresses masks and a disguise used in trespassing for the purpose of felony bodily or property injury, and carries a one to five year prison sentence in addition to the monetary fine. 21-1303 applies to those “masked or in disguise, who shall assault another with a dangerous weapon, or other instrument of punishment.” This last section carries a sentence of five to 20 years in prison.
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