Bill Description: House Bill 489 would criminalize the act of wearing a mask while committing or attempting to commit another crime. It would create a sentencing enhancement for doing so.
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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 489 would create Section 18-915D, Idaho Code, to make it a crime to “wear a mask, hood, or other device that covers, hides, or conceals any portion of the individual's face while committing or attempting to commit another criminal offense.”
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.
Of note, there is no requirement that the mask- or hood-wearer intend to conceal his or her face. That provision that a “hood … that covers … any portion of the individual's face” could apply to normal jackets, coats, and hoodies. There is also no requirement that the “other criminal offense” be violent or have any victim.
There are many situations where individuals wearing hoods or masks might get into an altercation or otherwise commit some offense, and yet the face covering was incidental or unrelated. Medical masks, PPE, sports equipment, and religious face coverings could all fall under this law.
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.
While the bill may bring to mind masked rioters or armed robbers in ski masks, the bill is not limited to violent offenders. It could easily ensnare those charged with victimless crimes.
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