Senate bills look to make "masked intimidation" a new crime

By Noah Symes, Missouri News Network
JEFFERSON CITY — The Senate Judiciary Committee heard a pair of bills Wednesday aiming to prevent the use of masks to intimidate others.
Senate bills 1043 and 1150 would establish the offense of “masked intimidation.” A person can be charged if they use a face covering to conceal their identity while harassing, threatening or intimidating another person or group.
A person cannot be charged under this bill if their face covering is for religious, medical, celebratory, occupational, emergency or weather-related reasons. The bill also states the charge will not be used to diminish or infringe on First Amendment rights.
One of the bill sponsors, Sen. Jamie Burger, R-Benton, added that he’d like to work in protections for law enforcement, including ICE and Border Patrol, so they would not be charged.
Sen. Barbara Washington, D-Kansas City, one of the bill sponsors, said they would protect Missourians against hate crimes.
In 2021, 44.2% of hate crimes in Missouri were classified as intimidation, according to data from the FBI.
“Our current law struggles to address a specific cowardly tactic — the use of masks to shield one’s identity while executing these threats,” Washington said.
Washington said both bills aim to address the gap in the state’s ability to “protect (its) citizens from targeted, anonymous terror.”
“When a perpetrator conceals their face, they aren’t just protecting their identity, they’re amplifying the victim’s fear, and hindering the pursuit of justice,” Washington said.
Jordan Kadosh, regional director of Anti-Defamation League Heartland, which covers Missouri, testified in support of the bill.
Kadosh said incidents like last year’s Patriot Front rally in Kansas City, a white supremacist rally and march in which attendees wore face coverings, show the need for these bills. He added that while groups like Patriot Front are entitled to freedom of speech, “the mass intimidation (and) harassment goes a step further.”