Legal Question in Civil Rights Law in California
Prohibition of wearing masks or face covering in public
I have heard that in certain states it is illegal to wear masks or hood or any face coverings in public such as in Virginia:
� 18.2-422. Prohibition of wearing of masks in certain places; exceptions.
Is there any kinds of law that prohibits this in California? Thank you!
2 Answers from Attorneys
Re: Prohibition of wearing masks or face covering in public
Former Penal Code section 650a criminalized public mask-wearing. However, in 1978, a court ruled that such a prohibition was unconstitutional. Current Penal Code section 185 states: "It shall be unlawful for any person to wear any mask, false whiskers, or any personal disguise (whether complete or partial) for the purpose of: One--Evading or escaping discovery, recognition, or identification in the commission of any public offense. Two--Concealment, flight, or escape, when charged with, arrested for, or convicted of, any public offense. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor."
Re: Prohibition of wearing masks or face covering in public
As attorney Cohen pointed out, it's legal to wear masks in California unless you are committing or evading detection for a crime. But here the police might use your masked status as an excuse to shoot you dead. In Virginia the cops would probably just say, "Hail fellow Klansman."
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