Last Updated on August 29, 2024
Maybe it’s because of Hollywood or perhaps it’s just because California loves Halloween more than other states, but our state’s mask laws are pretty relaxed overall. In fact, whereas some states make it illegal for people over 16 to wear masks and others ban their use outside of October, wearing a mask is legal for everyone year-round in California —even registered sex offenders. This may be good news for superheroes like Spider-Man, Iron Man, and Batman, but though you can legally hide your face in public, it is illegal to do certain things while wearing a mask.
Is It Illegal to Hide Your Identity in Public?
Only one law makes it a crime to wear a mask in California -Penal Code 185 (PC). This law prohibits using a disguise or mask to evade the police or commit a crime. Of course, evading the police is already a crime, but if you wear a Halloween mask or other disguise to hide your identity while in public so you can get away with a crime, that alone is a crime. Under this law, putting on a mask to hide your identity is illegal, whether you do it while committing a crime or after the offense was already committed.
185 (PC) is a misdemeanor punishable by up to six months in jail and $1,000. Fortunately, these charges can often be negotiated away in a plea deal if you work with an experienced San Diego defense attorney.
Disguises Can be Used as Evidence Against You
Committing a crime with a mask or costume on could be used as evidence that you used forethought to plan the crime, which could cause you to face more serious charges in some cases. For example, should someone break into another person’s home without committing a crime and the prosecution has no evidence they intended to violate the law, they could be charged with burglary.
On the other hand, if they wore a mask when they broke into the home, this could be used as evidence they intended to commit a crime. In this case, they could be charged with burglary as well. Again, an experienced lawyer could try to get the charges reduced or dropped in a case like this —especially if it took place on Halloween or during an emergency where it is common for people to wear that particular type of face covering, such as a disease outbreak, blizzard, or large fire.
Is It Illegal to Drive With a Halloween Mask on?
While wearing masks is legal as long as it’s not done to commit a crime, driving with a face covering can result in a ticket or even reckless driving charges in some cases. While you can drive with a Halloween mask on, if it obstructs your vision even in the slightest or negatively impacts your driving, you could end up in legal trouble. A standard medical face mask that only covers your mouth and nose is entirely legal to wear while driving, as is a properly fitting ski mask or balaclava —though police officers may find these face coverings suspicious if you are wearing them while driving.
Always Follow Location-Specific Rules
Interestingly, while most people believe it is illegal to wear a mask in public places such as a bank or airport, doing so is perfectly legal, as long as you’re not there to commit a crime. Of course, most banks and airports will ask you to remove the mask after you enter the location. If you fail to take off your face covering and refuse to leave after being instructed to do so, you could be charged with trespassing. In this case, you could still face charges for attempting to wear a mask into these places.
Whether or not you plan to wear a mask this Halloween, remember to have a fun, safe, and legal holiday. If you have any questions or happen to be charged with a crime after celebrating a bit too hard, Peter M. Liss can help. Please call (760) 643-4050 or (858) 486-3024 to schedule a free initial consultation.
