Bill Proposes 15-Year Prison Term for Interfering with Rights While Masked, Adds Penalty for Property Damage

This bill, titled the "Unmasking Hamas Act of 2025," proposes significant changes to federal law concerning actions taken while wearing a disguise, including masks. It introduces a new federal crime under Title 18, Section 251, targeting individuals who interfere with someone's constitutional or legal rights while disguised. The bill also adds a specific penalty for destroying property within certain federal jurisdictions if the perpetrator is wearing a disguise.

Rights, Rules, and Penalties: The New Section 251

The core of the bill creates Section 251, "Interference with protected rights while in disguise." This section makes it illegal for anyone wearing a disguise—explicitly mentioning masks—to "injure, oppress, threaten, or intimidate" another person who is exercising rights guaranteed by the U.S. Constitution or federal laws. This applies across any State, Territory, Commonwealth, Possession, or District. If convicted under this new section, an individual could face fines and/or imprisonment for up to 15 years. The bill's findings section connects this provision to recent campus protests and incidents involving masked individuals.

Federal Property Damage: An Extra Two Years in Disguise

Beyond interfering with rights, Section 4 of the bill addresses property destruction. It stipulates that anyone convicted of destroying buildings or property within the "special maritime and territorial jurisdiction" of the United States while wearing a disguise (like a mask) will face an additional prison sentence of 2 years. This is on top of any penalties already prescribed for the underlying property destruction offense. This applies specifically to federal properties and jurisdictions.

The Fine Print: Exemptions and Implications

Notably, the bill includes an exemption for law enforcement. Section 251 specifies that it does not apply to a "law enforcement officer" (defined as federal, state, local, or D.C. officers authorized to investigate or arrest) who is "lawfully engaged in the lawful performance of the official duties of the officer." While the bill aims to address intimidation and violence, particularly in the context of protests mentioned in its findings (citing Hamas support, antisemitism, and property damage), the broad language around "interfering" with rights while disguised could raise questions about its application. The definition of actions like "oppress" or "intimidate" might be subject to interpretation in practice, potentially impacting individuals wearing masks for various reasons during demonstrations or other activities where rights are being exercised.