CRIMES AND PUNISHMENT – Adds to existing law to prohibit the use of a mask or disguise during a criminal offense and to provide for a sentencing enhancement.
Summary
House Bill 685 creates a new Idaho criminal offense related to wearing a mask or other face-covering device while committing or attempting to commit certain crimes. The bill applies to felony offenses and to misdemeanor assault, battery, indecent exposure, sexual exploitation of a child, and sexual battery. It makes the use of a mask or disguise during those offenses unlawful and authorizes an additional punishment on top of the sentence for the underlying crime.
If convicted under the new section, a person could receive an enhanced penalty of up to a $2,500 fine, up to one additional year of imprisonment, or both. The bill also includes an exemption for law enforcement officers acting within the scope of their employment, and it states that the new section does not limit prosecution under any other applicable law. The act contains a severability clause and is declared an emergency measure with an effective date of July 1, 2026.
Impact
The bill would add a new section to Chapter 9, Title 18 of the Idaho Code, expanding the state’s crimes-and-punishment provisions to specifically address masked or disguised criminal conduct. It would not replace existing criminal statutes, but would create an additional sentencing enhancement that prosecutors could seek when the covered conduct occurs during specified offenses. The measure would affect defendants charged with the listed felonies and misdemeanors, while expressly exempting on-duty law enforcement officers.
Sentiment
The available voting history suggests the bill had meaningful support but also notable opposition. It passed House Third Reading by a 36-30 vote, indicating a divided chamber rather than broad consensus. No committee transcript is available, so the record does not show detailed debate, but the close vote suggests the proposal was politically or policy-wise contested.
Contention
The main point of contention is likely the policy choice to criminalize mask or disguise use during offenses and to add extra punishment beyond the underlying crime. Supporters would likely view the bill as a deterrent and an aid to identification and prosecution, while opponents may question whether the enhancement is necessary, whether it duplicates existing laws, or whether it could be applied too broadly. The law enforcement exemption is another likely issue, though the bill expressly preserves it and also preserves other criminal penalties under existing law.
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