CHAPTER 331

AN ACT TO AMEND CHAPTER 3, TITLE 11, DELAWARE CODE PERTAINING TO CRIMES REGULATING THE OFFENSES OF WEARING MASKS .IN PUBLIC OR PRIVATE PLACES AND BURNING CROSSES ON PROPERTY OF ANOTHER WITHOUT WRITTEN PERMISSION.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Chapter 3, Title 11, Delaware Code, is amended by adding the following new section thereto:

§ 363. Wearing masks

Whoever, being sixteen years of age or over, wears any mask, hood or other device whereby a substantial portion of the face is hidden or covered so as to conceal the identity of the wearer while in any public place or upon any private property in this state without first having obtained from the owner or tenant thereof consent to do so in writing, shall be fined not less than $100 nor more than $1,000, and may also be imprisoned for not more than one year, and shall pay all costs of prosecution. Provided, however, that the provisions of this section shall not apply to persons wearing traditional holiday costumes, or to persons engaged in professions, trades, employment or other activities and wearing protective masks which are deemed necessary for the physical safety of the wearer or other persons, or to persons engaged in any bona fide theatrical production or masquerade ball.

Section 2. Chapter 3, Title 11, Delaware Code, is amended by adding the following new section thereto:

§ 364, Burning crosses

Whoever places or causes to be placed on the property of another in this State a burning or flaming cross, or any manner of exhibit in which a burning or flaming cross, real or simulated, is a whole or a part, without first obtaining written permission of the owner or tenant of the premises so to do, shall be fined not less than $100 nor more than $1,000, and may also be imprisoned for not more than one year, and shall pay all costs of prosecution.

Section 3. Chapter 3, Title 11, Delaware Code, is amended by adding the following new section thereto:

§ 365. Acts of Intimidation

Whoever, while masked or unmasked, places or causes to be placed anywhere in this State any exhibit of any kind or commits or causes to be committed any act with the intention of intimidating any person or persons and thereby prevents them from doing any act which is lawful, or causes them to do any act which is unlawful, shall be fined not less than $100 nor more than $1,000, and may also be imprisoned for not more than one year, and shall pay all costs of prosecution.

Approved June 21, 1968.