Individuals who wear masks while committing crimes would face additional charge under Atkins bill
TRENTON, N.J. — Assemblyman Reginald W. Atkins is sponsoring legislation that would create a separate offense for individuals who wear masks or facial disguises to conceal their identity while committing crimes in public gatherings.
The bill, A4804, would make it a disorderly persons offense for anyone to wear a mask while congregating with other masked individuals in a public place if they are also engaged in criminal activity. The legislation is intended to give law enforcement a clearer legal tool to address masked criminal conduct without infringing on constitutional rights.
“It is simply unacceptable for individuals to abuse the right to gather by using masks to shield their identity while engaging in unlawful activity,” said Atkins (D-Union). “By making this type of activity a separate offense, we’re giving law enforcement a clearer tool to deter criminal behavior that threatens the safety of public gatherings.”
Atkins emphasized that the bill includes protections for First Amendment freedoms and would not apply to people wearing face coverings for educational, religious, medical, or cultural reasons. Individuals would only be charged under the measure if they are also charged with an underlying offense committed while masked.
The bill also prevents the new offense from being merged with related charges, ensuring it can carry separate penalties. In New Jersey, a disorderly persons offense can result in up to six months in jail, a $1,000 fine, or both.
