Bill Description: House Bill 685 would criminalize the act of wearing a mask while committing or attempting to commit certain other crimes. It would create a non-restorative sentencing enhancement for doing so.
Rating: -1
NOTE: House Bill 685 is similar to House Bill 489 (2026), but HB 685 contains a narrower definition of applicable crimes.
Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for non-violent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?
House Bill 685 would create Section 18-915D, Idaho Code, to make it a crime to “wear a mask or other device that covers, hides, or conceals any portion of the individual's face while committing or attempting to commit a felony crime or misdemeanor assault, battery, indecent exposure, sexual exploitation of a child, or sexual battery.”
Even sunglasses could potentially be considered a device that covers or conceals a portion of the face.
The bill would exclude “a law enforcement officer who wears a mask or other device that covers, hides, or conceals any portion of the officer's face while operating within the scope and course of the officer's employment.”
Anyone convicted of violating this new prohibition shall “be subject to an enhanced penalty in addition to the sentence imposed for the underlying offense” of an additional fine up to $2,500 and up to 1 year of additional imprisonment.
The law would not require that the mask-wearer intend to conceal his or her face, or that the primary purpose of the mask be concealment. If someone were involved in a minor altercation that involved any level of physical contact (misdemeanor battery includes “unlawful touching”) while wearing a medical mask, other PPE, certain sports equipment, or a religious face covering, he or she could be subject to this enhanced penalty for what is ultimately an unrelated factor.
The threat of sentencing enhancements serves as a powerful tool for prosecutors seeking to negotiate a plea bargain. This can create an imbalance in the justice system, especially when the enhancement is broad enough to be applied to factors that are not connected to the underlying offense.
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