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Florida Statute 876.12 | Lawyer Caselaw & Research
F.S. 876.12 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 876.12

The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
Title XLVI
CRIMES
Chapter 876
CRIMINAL ANARCHY, TREASON, AND OTHER CRIMES AGAINST PUBLIC ORDER
View Entire Chapter
F.S. 876.12
876.12 Wearing mask, hood, or other device on public way.—No person or persons over 16 years of age shall, while wearing any mask, hood, or device whereby any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer, enter upon, or be or appear upon any lane, walk, alley, street, road, highway, or other public way in this state.
History.—s. 2, ch. 26542, 1951.

F.S. 876.12 on Google Scholar

F.S. 876.12 on Casetext

Amendments to 876.12


Arrestable Offenses / Crimes under Fla. Stat. 876.12
Level: Degree
Misdemeanor/Felony: First/Second/Third

S876.12 - PUBLIC ORDER CRIMES - WEAR HOOD OR MASK ON STREET - M: S

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

  1. Prosser v. McNeil

    Case No. 3:06-cv-175-J-32MCR (M.D. Fla. Dec. 15, 2008)
    The Defendant also alleges that he was improperly convicted of an offense that was neither charged nor properly tried, namely the violation of Section 876.12, Florida Statutes (1999). Initially, this Court notes that the Defendant is not seeking to challenge his sentence, but rather his conviction. Accordingly, this challenge cannot be addressed in the context of a Rule 3.800(a) motion. Sanders v. State, 621 So.2d 723 (Fla. 5th DCA 1993); Shaw v. State, 780 So.2d 188 (Fla. 2d DCA 2001). The Defendant's challenge is also procedurally barred from being brought pursuant to Florida Rule of Criminal Procedure 3.850, in that it was filed more than two years after the Defendant's conviction became final. (Exhibit "D.") Assuming the claim were timely, this Court notes that the inclusion of Section 876.12 on the face of the judgment filed on November 16, 1999, is a scrivener's error. Therefore, the Defendant's claim is without merit.
    PAGE 27

  2. Nicol v. State

    939 So. 2d 231 (Fla. Dist. Ct. App. 2006)
    We note that by statute, wearing a mask has been made a misdemeanor of the second degree under certain circumstances. See generally §§ 876.12—.20, Fla. Stat. (2001). For example, section 876.12 criminalizes wearing a mask or hood on a public way; section 876.13 criminalizes the wearing of a hood or mask on public property; and section 876.14 makes it illegal to wear a hood or mask on the property of another. These statutes, which were first passed in the 1950's, were apparently aimed at the Ku Klux Klan. The Florida Supreme Court found one of these statutes (all of which are virtually identical) unconstitutional in Robinson v. State, 393 So.2D 1076 (Fla. 1980) (holding that statute criminalizing wearing hood of mask on public property was overbroad, and exceptions provided by section 876.16 were not sufficient to cure this fatal overbreadth, nor were the statutory words susceptible of any limiting construction). The legislature apparently attempted to cure these problems in 1981, by the passage of section 876.155m Florida Statutes, which limits the application of these statutes.
    PAGE 234

  3. Wright v. State

    810 So. 2d 873 (Fla. 2002)   Cited 5 times
    The felony or misdemeanor degree of any criminal offense, other than a violation of ss. 876.12— 876.15, shall be reclassified to the next higher degree as provided in this section if, while committing the offense, the offender was wearing a hood, mask, or other device that concealed his or her identity.

  4. Mendez v. State

    747 So. 2d 1032 (Fla. Dist. Ct. App. 1999)   Cited 4 times
    The felony or misdemeanor degree of any criminal offense, other than a violation of §§ 876.12 — 876.15, shall be reclassified to the next higher degree as provided in this section if, while committing the offense, the offender was wearing a hood, mask, or other device that concealed his or her identity.

  5. Fletcher v. State

    472 So. 2d 537 (Fla. Dist. Ct. App. 1985)   Cited 28 times
    Wearing masks while committing offense; enhanced penalties. — The penalty for any criminal offense, other than a violation of ss. 876.12- 876.15, shall be increased as provided in this section if, while committing the offense, the offender was wearing a hood, mask, or other device that concealed his identity.
    PAGE 539

    Cases from cite.case.law:

    NICOL, Jr. v. STATE, 939 So. 2d 231 (Fla. Dist. Ct. App. 2006)

    . . . See generally §§ 876.12-20, Fla. Stat. (2001). . . . For example, section 876.12 criminalizes wearing a mask or hood on a public way; section 876.13 criminalizes . . .

    OWNER- OPERATOR INDEPENDENT DRIVERS ASSOCIATION, INC. v. ARCTIC EXPRESS, INC., 270 F. Supp. 2d 990 (S.D. Ohio 2003)

    . . . . § 876.12(k)(l)-(6). . . .

    WRIGHT, v. STATE, 810 So. 2d 873 (Fla. 2002)

    . . . 775.0845 provides: The felony or misdemeanor degree of any criminal offense, other than a violation of ss. 876.12 . . .

    MENDEZ, v. STATE, 747 So. 2d 1032 (Fla. Dist. Ct. App. 1999)

    . . . as follows: The felony or misdemeanor degree of any criminal offense, other than a violation of §§ 876.12 . . .

    HERNANDEZ, v. SUPERINTENDENT, FREDERICKSBURG- RAPPAHANNOCK JOINT SECURITY CENTER,, 800 F. Supp. 1344 (E.D. Va. 1992)

    . . . . §§ 876.12, 876.13 (1987); La.Rev.Stat.Ann. § 14:313 (West 1986); Mich.Comp.Laws § 750.-396 (1979); . . .

    FLETCHER, v. STATE, 472 So. 2d 537 (Fla. Dist. Ct. App. 1985)

    . . . . — The penalty for any criminal offense, other than a violation of ss. 876.12-876.15, shall be increased . . .