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2023 CODE OF GEORGIA
Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10)
Chapter 11 - OFFENSES AGAINST PUBLIC ORDER AND SAFETY (§§ 16-11-1 — 16-11-224)
Article 2 - OFFENSES AGAINST PUBLIC ORDER (§§ 16-11-30 — 16-11-45)
Section 16-11-38 - [See Editor's notes] Wearing mask, hood, or device which conceals identity of wearer
Universal Citation:
GA Code § 16-11-38 (2023)
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This media-neutral citation is based
on the American Association of Law Libraries Universal Citation Guide and is not
necessarily the official citation.
- (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.
Amended by 2021 Ga. Laws 18,§ 1, eff. 7/1/2021.
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