I guess if the offender in question had said "I'm part of the church of Joker" he would be okay.
Actually any halfway decent lawyer could get this thrown out.
According to Virginia Code 18.2-422, "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."
Just put the defendant on the stand.
"Q: Sir. What was the reason you wore Joker facepaint?"
"A: I think the Joker is cool. Doesn't everybody?"
"Q: Was your intent to hide your identity?"
"A: Are you freaking kidding me? Of course not. Putting on white facepaint doesn't hide your identity. I look like myself but with white facepaint. And I'm already white without the facepaint."
"Q: Were you carrying identification?"
"A: Yes."
"Q: Did you show it to the police when they asked you for it?"
"A: Yes."
"Q: Would you have shown your ID any store owner or security guard who asked for it?"
"A: Of course."
"Q: No further questions. (to the judge) Your honor I move that this case be dismissed as there is no way the prosecutor will be able to prove what the intent of the defendant was and further I move that the prosecutor be sanctioned for being a dumbass."
"(Judge): Motion granted on both counts."
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