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Official Code of Georgia Annotated

Title 16. CRIMES AND OFFENSES · Chapter 11. OFFENSES AGAINST PUBLIC ORDER AND SAFETY · Article 2. OFFENSES AGAINST PUBLIC ORDER

16-11-38. Wearing mask, hood, or device which conceals identity of wearer.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    A person is guilty of a misdemeanor when he or she:#

    1. (1)

      Wears a mask, hood, or device by which any portion of his or her face is so hidden, concealed, or covered as to conceal his or her identity;#

    2. (2)

      Is upon:#

      1. (A)

        Any public way or public property; or#

      2. (B)

        The private property of another without the written permission of the owner or occupier of such private property to do so; and#

    3. (3)

      Intends to conceal his or her identity.#

  2. (b)

    Without limiting the generality of subsection (a) of this Code section, no person shall be guilty of violating this Code section by:#

    1. (1)

      Wearing a traditional holiday costume on the occasion of the holiday;#

    2. (2)

      Lawfully engaging in trade and employment or in a sporting activity where a mask is worn for the purpose of ensuring the physical safety of the wearer or because of the nature of the occupation, trade, profession, or sporting activity;#

    3. (3)

      Using a mask in a theatrical production including use in Mardi gras celebrations and masquerade balls;#

    4. (4)

      Wearing a gas mask prescribed in emergency management drills and exercises or emergencies; or#

    5. (5)

      Wearing a mask for the purpose of complying with the guidance of any health care agency or health care provider to prevent the spread of COVID-19 or other coronaviruses or influenza or other infectious diseases.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1951, p. 9, §§ 3, 7; Code 1933, § 26-2913, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 2021, p. 82, § 1/SB 235.

Amendments

The 2021 amendment, effective July 1, 2021, substituted the present provisions of subsection (a) for the former provisions, which read: “A person is guilty of a misdemeanor when he wears a mask, hood, or device by which any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer and is upon any public way or public property or upon the private property of another without the written permission of the owner or occupier of the property to do so.”; substituted the present provisions of subsection (b) for the former provisions, which read: “This Code section shall not apply to”; substituted “Wearing” for “A person wearing” at the beginning of paragraphs (b)(1) and (b)(4); in paragraph (b)(2), substituted “Lawfully engaging” for “A person lawfully engaged” at the beginning, deleted a comma following “wearer” in the middle, and deleted “or” preceding “profession” near the end; in paragraph (b)(3), substituted “Using” for “A person using” at the beginning, and deleted “or” at the end; substituted “; or” for a period at the end of paragraph (b)(4); and added paragraph (b)(5).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t16-ch7-11-(v14a)-pdf.pdf, Volume V14A, 2018 edition, 2025 supplement, pages 87 to 88; merge action: replaced; file SHA-256 9c8d97e7499f.