Should Bad Make Up Be A Crime?

JokerSuspect_1490401621103_2935399_ver1.0_640_360Various charges might come to mind for Jeremy Putman who was walking around in this make up with a sword, but he was actually charged with . . . .

wearing a mask in public.

imgresIt is a crime to where a mask in public, a law that I have raised concerns about in the past due to first amendment issues and the danger of arbitrary enforcement.  What is interesting is that this is not a mask but make up.

Virginia Code 18.2-422 states:

“It shall be unlawful for any person over 16 years of age, with the intent to conceal his identity, wear 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, to be or appear in any public place, or upon any private property in this Commonwealth, without first having obtained from the owner or tenant thereof consent to do so in writing. However, the provisions of this section shall not apply to persons (i) wearing traditional holiday costumes; (ii) 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; (iii) engaged in any bona fide theatrical production or masquerade ball; or (iv) wearing a mask, hood, or other device for bona fide medical reasons upon (a) the advice of a licensed physician or osteopath, and carrying on his person an affidavit from the physician or osteopath specifying the medical necessity for wearing the device, and the date on which the wearing of the device will no longer be necessary, and providing a brief description of the device, or (b) the declaration of a disaster or state of emergency by the Governor in response to a public health emergency, where the emergency declaration expressly waives this section, defines the mask appropriate for the emergency, and provides for the duration of the waiver. The violation of any provisions of this section is a Class 6 felony.”

This is not a person who is wearing “mask, hood, or other device.”  Indeed, this would seem closer to a “traditional holiday costume.”  The law strikes me as dangerously vague to now be enforced against scary make up.

If that were the case, there would be a lot of folks being frog marched to the big house . . . led by Courtney Love and a host of cosmetically challenged celebrities.

For the offense, Putnam could serve five years.

What do you think?

 

41 thoughts on “Should Bad Make Up Be A Crime?”

  1. So it seems street performances are not bona fide theatrical productions?

    1. Darren – unless the street performance has a beginning, middle and end, I vote it is not theatre.

      1. So, now you are going to control what is art, how it must be formed and presented.
        Mr. Slippery Slope, you walk with blinders on.

        1. Gary T – I have a Master’s in theatre and a BAE in theatre education. I spent years learning what was and what wasn’t theatre. And it is only one vote. 😉

  2. Off topic. Free medical care for Congress men and women. We need a Bill introduced to deny and repeal free medical care for all those members of House and Senate. If we don’t get free medical care then they shouldn’t.

  3. Off topic. Does Trump have a dog.

    Quote of the Day:

    You want a friend in Washington? Get a dog.
    –Harry S Truman

  4. JT: can you remove the photo from the blog? It is ugly. Worse than the Hillary photo with the smartphone.

    1. Jack Ruby – you cannot dis Heath Ledger as The Joker. You, Sir, are a Philistine. 🙂

  5. Here’s a strange case. A man has been dressing as Jesus for 22 years. He goes to church & gets kicked out, while also calling the cops. 5 cops show up & decide not to arrest him.

    1. Well, it is debatable as to whether he looks, or even dresses as Jesus.
      I might note he is carrying a weapon though 🙂

  6. A law prohibiting wandering around made up to look crazy while carrying a sword, an offensive weapon, apparently does not exist. Until the law can be adjusted to address nut cases such as this, it will be necessary to apply it in manners such as this. The law is there to protect, first to protect against harm being done to innocents. I applaud the fact that something was done. The rest remains legal masturbation, which is expressed by a lot of participants on this blog.

  7. Alright, don’t get your panties in a wad all of you libertarians, but there is, in fact, a problem with lunatics, like this, walking around in disguises. Yes, there is a problem. Catch your breath. Stop hyperventilating. This more than some make up, folks. It rises to the level of a full blown disguise. In reality, the make up rises to the level of a mask, even though a physical and tangible mask is not present. Check out the demon-like contacts. Yeah. More than just a little lip gloss and some mascara, folks. I’ve recently noticed that some banks are beginning to post signs, at the entrances, that hats and dark glasses must be removed when entering the establishment. Why? Because it renders individuals, who may decide to hold up the joint, unidentifiable. Yes. Like it or not, there exists a public safety issue in needing to know who, exactly, is walking amongst us. Think about licenses to drive and the need, by law enforcement, to decifer exactly with whom the officers are dealing. Make up, such as this, renders that impossible. Given this nutjob’s face paint, could anyone succeed in identifying him–as he looks without the greasepaint, as the perpetrator of a crime? Would you want this thing crawling into your store at 2:00 in the morning?

    1. bam bam – have you ever seen before and after pictures of many of our great actresses? Talk about a mask.

      1. Paul, quite true. I happen to believe, for example, that Jennifer Lopez is a beautiful, gorgeous and stunning individual. Of course, that is with the industrial strength spackle that has been expertly applied. By chance, I came across a photo or two, online, showing her with no make up, whatsoever–it wasn’t even the same person. Dizzying.

    2. In Texas small town, he would have been shot by civilians. In San Diego California he would have been shot by the cops for holding a threating weapon for them. They shot a guy for holding a shovel once.

  8. And if he self-identifies as the joker or rover, how can they fine PROGRESS? lol.

    1. Ter ber – I am sure the SC will decide he can self-identify as the Joker. The police are just wasting the town/city’s money by charging him with this.

  9. Ironically “no one cared who I was until I put on the mask” is a quote from Bane, not the Joker…

  10. Ugly photos are bad for the blog. The ugly one of Hillary with the smartphone was almost as bad. That photo cost her the election. It will cost me my medical care.

  11. IIRC, these anti-mask laws were originally enacted to hobble the KKK. I’m sure most “liberals” would say the laws should be enforced against the Klan (which even the SPLC admits effectively doesn’t exist anymore) but no one else.

  12. But the Muslims can go masked 24/7? OK enough of that are you sure that photo wasn’t Schumer killing his party off one by one?

    1. There you go.
      Let them just try to apply the law to some Burka-ed maiden, or even man nowadays.

      The law is fundamentally unconstitutional.

  13. So, there’s a new infectious virus outbreak and I can’t wear a medical mask to protect myself unless I get authorization from a doctor? This law also makes it a crime to wear a ski mask or other cold-weather protection.
    This is not just a gross violation of civil liberty but also an example of legislative stupidity and butthole lawyers who write this bird-nested crap.
    In Arizona there is a stupid motorist law for drivers who cannot resist driving through a flooded wash and needing rescue, or worse, an undertaker. We are way overdue for a stupid politician law for those legislators who just can’t resist masquerading with their backside on their faces.

  14. I’ve seen my share of make up that was a crime. The Kardashians come to mind.

  15. It’s The Joker!!!. Did none of them see the movie? This is not criminal, but they probably ripped off copyrighted make-up.

  16. I think the law is unconstitutional to begin with.
    It might be an enhancing factor to an actual crime, but simply covering up your face should be totally protected by the 1st Amendment.

    1. Many people should be encouraged to cover their faces. And the rest of their bodies.

  17. Crazy! It’s time for the government to get out of this crap. On the other hand, what was this guy doing walking around in this makeup? Probably frightening snowflakes and little children.

Comments are closed.