Hiding with mask or hood during crime? New North Carolina bill would add jail time, penalty

A bill in North Carolina would impose stricter penalties for suspects who wear hoods or masks while committing a crime.

Advocates with the American Civil Liberties Union of North Carolina say the bill is broad and discriminatory, and say it would disproportionately impact people of color. While the bill language does not specify whether hoodie sweaters or jackets constitute “hoods,” the ACLU has criticized that aspect of the proposed legislation.

None of the bill’s nine sponsors, all of whom are Republicans, would respond to requests for comment.

Recently, Charlotte Crime Stoppers have put out several posts, wanted posters, and rewards to identify suspects who were wearing masks. One case involves the recent robbery of a 7-eleven, another concerns break-ins and a car theft and another the robbery of a Bojangles.

Neither Charlotte-Mecklenburg Police nor the East Carolina University Police Department responded to requests for comment on how the legislation could help them enforce the law, or investigate crimes involving concealed identity, but the law would create stricter penalties for those who are arrested and convicted.

The legislation, HB 237, would enhance the sentence for those convicted of a crime where they attempted to conceal their identity. It would automatically increase the felony and misdemeanor classifications for the crime by one class, according to the bill’s text. This would likely lead to longer prison and probation sentences.

According to HB 237, any attempt of a defendant to “conceal their identity” in any felony or misdemeanor also results in higher punishment.

The bill passed its third reading in the House, and passed its first reading in the Senate earlier this month. Another provision of the bill relates to money laundering crimes. It is unclear what Governor Roy Cooper will do when the bill reaches his desk, although his track record would indicate he will veto.

Criminalizing hoodies?

Senior Policy Council for the ACLU of NC, Elizabeth Barber, said in an interview with The Charlotte Observer the bill could lead to racially biased enforcement.

She said in locations where hoodies are already banned, such as some shopping malls, enforcement of those rules mainly target people of color.

“This enhancement will be used against people of color more than it will be against white people,” Barber said.

The bill also takes discretion away from judges to give an offender probation instead of jail time, if they are caught while concealing their identity, Barber said.

According to the bill, even some defendants pleading guilty could face jail time depending on if a jury believed they were concealing their identity.

“It’s really troubling, because it completely removes the penalty for a crime from the severity of a crime, two people convicted of the exact same thing can face vastly different punishments simply based on what they put on that morning,” Barber said.

In a statement earlier this month the ACLU of NC said the confusing language of the bill will result in unequal treatment under the law.

Dressing a certain way before committing a crime that may not have been planned beforehand is unfair and discriminatory, the ACLU said

“It’s no secret that Black men and boys are disproportionately profiled for their choice of clothing,” the ACLU said. “A young Black man wearing a hoodie is far more likely to be viewed as having the intent to hide his identity than a white woman wearing the same thing.”

The primary sponsors for the bill are: John Torbett (R-108), Dudley Greene (R-85), John Faircloth (R-62), and Carson Smith (R-16). Other sponsors include: George Clevland (R-14), Chris Humphrey (R-12), Bill Ward (R-5), Harry Warren (R-76), and David Willis (R-68).

Although republican sponsored, nearly half of House Democrats voted for the bill; however, Pitt County’s own Gloristine Brown (D-9) voted against it.

“The bill would not do anything to prevent crime,” Brown said. “It (HB 237) would only punish people in need further than before.”

The bill, Brown said, has little use other than to keep the unfortunate in detention for longer; although, the money laundering provision of HB 237 makes more sense.

Proponents of the bill hope that it will discourage suspects from concealing their identity during criminal acts. It is more difficult for police to identify a suspect who wears a mask or a hood during a crime.

HB 237 is not the first bill of its kind that would penalize individuals for concealing their identity. In 2018, U.S. House Republicans introduced the “unmask ANTIFA” act that would criminalize wearing a mask or other disguise while protesting in a “threatening” or “intimidating” way, according to the International Center for Not-For-Profit Law. The bill did not pass.

A 2005 law regarding hoodies is still in effect in North Carolina and prohibits anyone over the age of 16 from wearing “any mask, hood or device whereby the person, face or voice is disguised so as to conceal the identity of the wearer” in public, according to NC 14-12.7.

It is unclear if anyone has ever been charged under the 2005 law. Similar laws have been introduced in 13 states since 2017. Most of these bills were targeted at protesters and only two passed, according to the International Center for Not-For-Profit Law.