---
title: O.C.G.A. § 16-11-38. Wearing mask, hood, or device which conceals identity of wearer.
collection: code
id: 16-11-38
cite_as: O.C.G.A. § 16-11-38 (2025)
canonical_url: https://georgiacommons.org/code/16-11-38
md_url: https://georgiacommons.org/code/16-11-38.md
text_url: https://georgiacommons.org/code/16-11-38/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t16-ch7-11-(v14a)-pdf.pdf?sfvrsn=f5e4f5fa_0#page=87
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/16-11.md
previous: https://georgiacommons.org/code/16-11-37.1.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CRIMES AND OFFENSES / OFFENSES AGAINST PUBLIC ORDER AND SAFETY / OFFENSES AGAINST PUBLIC ORDER
---

# O.C.G.A. § 16-11-38. Wearing mask, hood, or device which conceals identity of wearer.

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

(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) Is upon:

(A) Any public way or public property; or

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

(3) Intends to conceal his or her identity.

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

(1) Wearing a traditional holiday costume on the occasion of the holiday;

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

(4) Wearing a gas mask prescribed in emergency management drills and exercises or emergencies; or

(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.

## 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).