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

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.#

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.#