# How to stop the Menacing Clown problem. **URL:** \ **Category:** The BBQ Pit\ **Created:** [October 10, 2016, 10:17pm UTC](https://boards.straightdope.com/t/how-to-stop-the-menacing-clown-problem/768191 "2016-10-10T22:17:50Z")\ **Posts on this page:** 20\ **Page:** 4
**Author:** ![Left\_Hand\_of\_Dorkness](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/left_hand_of_dorkness/32/7156_2.png) [@Left\_Hand\_of\_Dorkness](https://boards.straightdope.com/u/Left_Hand_of_Dorkness)\ **Post date:** [October 12, 2016, 12:13am UTC](https://boards.straightdope.com/t/how-to-stop-the-menacing-clown-problem/768191/61 "2016-10-12T00:13:24Z")
> [@VinylTurnip](#): > > I just want to say I find it really courageous, what you’re doing. They say when one clown comes out of the closet, he leads the way for a dozen others. Well, of course–that’s where we parked. ---
**Author:** ![bobkitty](https://avatars.discourse-cdn.com/v4/letter/b/c67d28/32.png) [@bobkitty](https://boards.straightdope.com/u/bobkitty)\ **Post date:** [October 12, 2016, 12:28am UTC](https://boards.straightdope.com/t/how-to-stop-the-menacing-clown-problem/768191/62 "2016-10-12T00:28:09Z")
> [@edwards\_beard](#): > > The claim was is it a felony to wear a mask in public. The first link is for loitering. > > [Here is a snopes article about the legality of wearing “Anonymous” masks in public](http://www.snopes.com/anonymous-masks-illegal) [§ 18.2-422"]Prohibition of wearing of masks in certain places; exceptions. It shall be unlawful for any person over 16 years of age to, 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.** ]([http://law.lis.virginia.gov/vacode/title18.2/chapter9/section18.2-422/](http://law.lis.virginia.gov/vacode/title18.2/chapter9/section18.2-422/)) Bolding mine. ---
**Author:** ![Left\_Hand\_of\_Dorkness](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/left_hand_of_dorkness/32/7156_2.png) [@Left\_Hand\_of\_Dorkness](https://boards.straightdope.com/u/Left_Hand_of_Dorkness)\ **Post date:** [October 12, 2016, 1:42am UTC](https://boards.straightdope.com/t/how-to-stop-the-menacing-clown-problem/768191/63 "2016-10-12T01:42:59Z")
> [@bobkitty](#): > > [§ 18.2-422"]Prohibition of wearing of masks in certain places; exceptions. > It shall be unlawful for any person over 16 years of age to, 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.** ]([http://law.lis.virginia.gov/vacode/title18.2/chapter9/section18.2-422/](http://law.lis.virginia.gov/vacode/title18.2/chapter9/section18.2-422/)) > > Bolding mine. Very interesting–thanks for the cite! Is clown makeup a mask? That’s one less incredibly stupid problem that magellan’s proposal has, anyway. I doubt the felony mask prohibition could stand up to a court challenge in a case in which someone is lurking while wearing a scary clown outfit, though. I wonder if there are court cases on the subject. Here’s another cite, [for Georgia](http://law.justia.com/codes/georgia/2010/title-16/chapter-11/article-2/16-11-38). Note one of the exceptions: > [@](#): > > person lawfully engaged in trade and employment or in a sporting activity where a mask is worn for the purpose of ensuring the physical safety of the wearer, or because of the nature of the occupation, trade, or profession, or sporting activity If the person claimed they were an artist exploring clowning, that seems like a way to qualify under the “trade” exception. ---
**Author:** ![bobkitty](https://avatars.discourse-cdn.com/v4/letter/b/c67d28/32.png) [@bobkitty](https://boards.straightdope.com/u/bobkitty)\ **Post date:** [October 12, 2016, 1:46am UTC](https://boards.straightdope.com/t/how-to-stop-the-menacing-clown-problem/768191/64 "2016-10-12T01:46:33Z")
According to our Chief of Police, full clown (zombie, mime, whatever) makeup falls under “or other device.” If you can’t tell who the person is, this law can be applied. ETA: she also said that if they had caught the person, they would have cited this law as well as trespassing and (IIRC) meanacing as reason for arrest. ---
**Author:** ![RenaissanceMan203](https://avatars.discourse-cdn.com/v4/letter/r/94ad74/32.png) [@RenaissanceMan203](https://boards.straightdope.com/u/RenaissanceMan203)\ **Post date:** [October 12, 2016, 4:15am UTC](https://boards.straightdope.com/t/how-to-stop-the-menacing-clown-problem/768191/65 "2016-10-12T04:15:21Z")
> [@madsircool](#): > > You don’t need a mask to be a clown…nor do you have to float boys and girls. Beep, beep, Ritchie. ---
**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\ **Post date:** [October 12, 2016, 5:22am UTC](https://boards.straightdope.com/t/how-to-stop-the-menacing-clown-problem/768191/66 "2016-10-12T05:22:59Z")
> [@Left\_Hand\_of\_Dorkness](#): > > Credible cite, you idiot? > > Edit: to be clear, I’m asking for a credible cite that any actual real person has violated any actual real law. Yes, because you Googled what I did at first about the clowns. And you know that no one has been actually convicted yet. [Still, I have arrests.](http://heavy.com/news/2016/10/clown-arrests-list-how-many-creepy-threatening-clowns-arrested-photos-names-suspects-charges-cities-states-which-were-real-fake-sightings/) Every arrest is referenced to a legit news source. While some of them were doing other things, and some are hoaxes, you’ll find several that were arrested just for terrorizing people in a clown mask. These are people dressing up like clowns to deliberately cause havok. They aren’t some people wearing clown costumes who just happened to be walking about. They aren’t actual clowns doing their legitimate job. It’s not the big deal that the OP makes it out to be, but pretending like it’s absolutely nothing is just as idiotic. ---
**Author:** ![xenophon41](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/xenophon41/32/253_2.png) [@xenophon41](https://boards.straightdope.com/u/xenophon41)\ **Post date:** [October 12, 2016, 12:13pm UTC](https://boards.straightdope.com/t/how-to-stop-the-menacing-clown-problem/768191/67 "2016-10-12T12:13:37Z")
If anyone is emotionally upset over a specific menacing clown incident, I fully understand; some folks already have a problem with clowns and this sort of intimidation is creepy and disturbing to most of us. If someone is similarly exercised over the _menacing clown wave_ which threatens to inundate the [English-speaking, cyber-connected] world, I would humbly suggest that they go lie down until this passes. And have a nice session with a sober, rational and licensed emotional counselor. ---
**Author:** ![edwards\_beard](https://avatars.discourse-cdn.com/v4/letter/e/7bcc69/32.png) [@edwards\_beard](https://boards.straightdope.com/u/edwards_beard)\ **Post date:** [October 12, 2016, 12:22pm UTC](https://boards.straightdope.com/t/how-to-stop-the-menacing-clown-problem/768191/68 "2016-10-12T12:22:07Z")
> [@bobkitty](#): > > [§ 18.2-422"]Prohibition of wearing of masks **in certain places** ; exceptions. > It shall be unlawful for any person over 16 years of age to, 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.]([http://law.lis.virginia.gov/vacode/title18.2/chapter9/section18.2-422/](http://law.lis.virginia.gov/vacode/title18.2/chapter9/section18.2-422/)) Bolding Mine…what is meant by “in certain places”? So it is a class 6 felony in Virginia…in certain places. But wouldn’t a clown fall under Traditional Holiday Costumes? ---
**Author:** ![bobkitty](https://avatars.discourse-cdn.com/v4/letter/b/c67d28/32.png) [@bobkitty](https://boards.straightdope.com/u/bobkitty)\ **Post date:** [October 12, 2016, 1:14pm UTC](https://boards.straightdope.com/t/how-to-stop-the-menacing-clown-problem/768191/69 "2016-10-12T13:14:29Z")
In certain places=everywhere that isn’t covered by the “exceptions” clause. A clown costume is absolutely a traditional Halloween costume, but one does not expect to see someone wearing a traditional Halloween costume outside of the traditional Halloween season, or someone wearing a costume acting outside the traditional Halloween “protocol.” Walking through back yards swinging a bat while wearing any kind of costume a month before Halloween isn’t really covered in the trick or treat handbook. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [October 12, 2016, 1:38pm UTC](https://boards.straightdope.com/t/how-to-stop-the-menacing-clown-problem/768191/70 "2016-10-12T13:38:41Z")
I can’t tell if this is parody of gun control threads, one of those **Bricker** -style gotcha threads, or just a really, really dumb idea. > [@edwards\_beard](#): > > Bolding Mine…what is meant by “in certain places”? In this instance, any private property absent written permission of the owner or tenant. ---
**Author:** ![Azeotrope](https://avatars.discourse-cdn.com/v4/letter/a/0ea827/32.png) [@Azeotrope](https://boards.straightdope.com/u/Azeotrope)\ **Post date:** [October 12, 2016, 2:07pm UTC](https://boards.straightdope.com/t/how-to-stop-the-menacing-clown-problem/768191/71 "2016-10-12T14:07:17Z")
I’m wondering, if the police start arresting these clowns, will they just stuff like 10 of them in the back of a police cruiser? Can they Tazer them, or are they only allowed to squirt them with a giant fake flower? Does popping a balloon doggie count as animal cruelty? ---
**Author:** ![Left\_Hand\_of\_Dorkness](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/left_hand_of_dorkness/32/7156_2.png) [@Left\_Hand\_of\_Dorkness](https://boards.straightdope.com/u/Left_Hand_of_Dorkness)\ **Post date:** [October 12, 2016, 3:45pm UTC](https://boards.straightdope.com/t/how-to-stop-the-menacing-clown-problem/768191/72 "2016-10-12T15:45:44Z")
> [@Really\_Not\_All\_That\_Bright](#): > > I can’t tell if this is parody of gun control threads, one of those **Bricker** -style gotcha threads, or just a really, really dumb idea. It’s magellan, so my money is on the last. **BigT** , I never said it wasn’t a problem at all. From what I can tell, it’s a very very very small problem of actual people being jerks, coupled with a very very very large problem of mass hysteria. It’s our nation’s equivalent of a vanishing penis epidemic. ---
**Author:** ![madsircool](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/madsircool/32/3432_2.png) [@madsircool](https://boards.straightdope.com/u/madsircool)\ **Post date:** [October 12, 2016, 4:03pm UTC](https://boards.straightdope.com/t/how-to-stop-the-menacing-clown-problem/768191/73 "2016-10-12T16:03:57Z")
I’m afraid to ask…what is a vanishing penis epidemic? ---
**Author:** ![xenophon41](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/xenophon41/32/253_2.png) [@xenophon41](https://boards.straightdope.com/u/xenophon41)\ **Post date:** [October 12, 2016, 4:21pm UTC](https://boards.straightdope.com/t/how-to-stop-the-menacing-clown-problem/768191/74 "2016-10-12T16:21:26Z")
> [@madsircool](#): > > I’m afraid to ask…what is a vanishing penis epidemic? I assume **LHoD** is talking about [this](https://en.wikipedia.org/wiki/Koro_(medicine)) actual thing. (Obviously, we’ll need a legislative solution if a koro outbreak ever occurs in the US.) ---
**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\ **Post date:** [October 12, 2016, 6:30pm UTC](https://boards.straightdope.com/t/how-to-stop-the-menacing-clown-problem/768191/75 "2016-10-12T18:30:43Z")
Not to worry. Vanishing penis syndrome raises its ugly head, Congress will act _immediately_! ---
**Author:** ![Knowed\_Out](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/knowed_out/32/7380_2.png) [@Knowed\_Out](https://boards.straightdope.com/u/Knowed_Out)\ **Post date:** [October 12, 2016, 6:56pm UTC](https://boards.straightdope.com/t/how-to-stop-the-menacing-clown-problem/768191/76 "2016-10-12T18:56:37Z")
If we lock up the clowns, the mimes will take over. And no one will hear the screams. ---
**Author:** ![D\_Anconia](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@D\_Anconia](https://boards.straightdope.com/u/D_Anconia)\ **Post date:** [October 12, 2016, 7:14pm UTC](https://boards.straightdope.com/t/how-to-stop-the-menacing-clown-problem/768191/77 "2016-10-12T19:14:59Z")
> [@bobkitty](#): > > [§ 18.2-422"]Prohibition of wearing of masks in certain places; exceptions. > It shall be unlawful for any person over 16 years of age to, 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.** ]([http://law.lis.virginia.gov/vacode/title18.2/chapter9/section18.2-422/](http://law.lis.virginia.gov/vacode/title18.2/chapter9/section18.2-422/)) > > Bolding mine. Have any of the so-called menacing clowns been arrested and charged under this statute? Has there ever been a successful prosecution? Here is a different take from law enforcement in NJ: > [@](#): > > Several children and teens have been busted over the past few weeks for clown-related threats on social media but there have been only been a handful of individuals arrested while wearing clown masks — and those latter arrests haven’t been the result of attire but usually for outstanding warrants or drug possession. > > Law enforcement officials told NJ Advance Media the individual circumstances of the incident — not the fact that a person is dressed up as a clown — are what will prompt police to pursue charges. > > “It’s all about context and the conduct that the person engages in,” Sussex County First Assistant Prosector Greg Mueller said. **“As creepy as it may be, just dressing as a clown, even in a way that might strike many folks as menacing, is not an offense in and of itself.”** > **[Can you be arrested in N.J. for dressing as a creepy clown?](https://www.nj.com/news/2016/10/when_it_comes_to_charging_creepy_clowns_context_is.html)** > > Law enforcement experts say it's a creepy clown's conduct, not the outfit, that'll lead to charges. ---
**Author:** ![VinylTurnip](https://avatars.discourse-cdn.com/v4/letter/v/b2d939/32.png) [@VinylTurnip](https://boards.straightdope.com/u/VinylTurnip)\ **Post date:** [October 12, 2016, 8:03pm UTC](https://boards.straightdope.com/t/how-to-stop-the-menacing-clown-problem/768191/78 "2016-10-12T20:03:45Z")
I really hope that’s supposed to be “Prosecutor,” or it’s getting even creepier. ---
**Author:** ![Left\_Hand\_of\_Dorkness](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/left_hand_of_dorkness/32/7156_2.png) [@Left\_Hand\_of\_Dorkness](https://boards.straightdope.com/u/Left_Hand_of_Dorkness)\ **Post date:** [October 12, 2016, 8:48pm UTC](https://boards.straightdope.com/t/how-to-stop-the-menacing-clown-problem/768191/79 "2016-10-12T20:48:52Z")
I learn what a prosector is, other people learn about vanishing penis syndrome–that’s what this messageboard is all about! ---
**Author:** ![Tibby](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tibby/32/17030_2.png) [@Tibby](https://boards.straightdope.com/u/Tibby)\ **Post date:** [October 12, 2016, 9:41pm UTC](https://boards.straightdope.com/t/how-to-stop-the-menacing-clown-problem/768191/80 "2016-10-12T21:41:36Z")
The obvious solution to the “_menacing clown problem_” is for everyone to look and act like a clown. Most of [del]us[/del]…[del]you[/del]…the bozos outside of the SDMB Community already have this covered, so it’s no big deal. [Previous page](https://boards.straightdope.com/t/how-to-stop-the-menacing-clown-problem/768191.md?page=3) [Next page](https://boards.straightdope.com/t/how-to-stop-the-menacing-clown-problem/768191.md?page=5)