Authorizes the attorney general to investigate and bring an action against deceptive practices in spiritual or metaphysical services; repeals criminal fortune telling statute.
STATE OF NEW YORK
________________________________________________________________________
9387
2025-2026 Regular Sessions
IN ASSEMBLY
December 19, 2025
___________
Introduced by M. of A. LAVINE -- read once and referred to the Committee
on Codes
AN ACT to amend the executive law, in relation to deceptive practices in
spiritual or metaphysical services; and to repeal certain provisions
of the penal law relating to fortune telling
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 165.35 of the penal law is REPEALED.
2 § 2. The executive law is amended by adding a new section 63-e to read
3 as follows:
4 § 63-e. Actions by attorney general against deceptive practices in
5 spiritual or metaphysical services. 1. For purposes of this section:
6 (a) "Spiritual, metaphysical, or divinatory services" means any
7 service, practice, or communication involving tarot, astrology, palmis-
8 try, clairvoyance, mediumship, energy work, psychic readings, spiritual
9 guidance, or any similar expressive or belief-based service.
10 (b) "Provider" means any person who offers or provides such services
11 for a fee.
12 2. Nothing in this section shall be construed to regulate, restrict,
13 or impair:
14 (a) expressive conduct or speech protected by the First Amendment or
15 the Constitution of the state of New York;
16 (b) the practice, expression, or communication of spiritual, reli-
17 gious, cultural, or metaphysical beliefs; or
18 (c) the good-faith offering of such services.
19 3. A provider shall not, in the course of providing spiritual, meta-
20 physical, or divinatory services:
21 (a) knowingly make materially false representations of fact for the
22 purpose of obtaining money or property;
23 (b) use coercive, manipulative, or deceptive conduct to cause a person
24 to pay money or transfer property;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14244-01-5
A. 9387 2
1 (c) represent or imply that failure to pay money or property will
2 result in physical injury, financial harm, or supernatural harm; or
3 (d) hold themselves out as licensed or credentialed in a profession
4 requiring licensure under state law when they are not so licensed.
5 4. The attorney general may investigate violations of this section and
6 may bring an action in the name of the people of the state of New York
7 to:
8 (a) obtain injunctive relief;
9 (b) secure restitution for injured persons;
10 (c) recover damages or disgorgement; and
11 (d) seek civil penalties not to exceed five thousand dollars per
12 violation.
13 5. Any person injured by a violation of subdivision three of this
14 section may bring an action in a court of competent jurisdiction to
15 recover:
16 (a) actual damages or one thousand dollars, whichever is greater;
17 (b) reasonable attorneys' fees and costs;
18 (c) punitive damages where appropriate; and
19 (d) any other relief the court deems proper.
20 6. Nothing in this section shall:
21 (a) authorize criminal prosecution for the mere providing of spiritu-
22 al, metaphysical, or divinatory services;
23 (b) be construed to deem the content of such services inherently
24 deceptive or fraudulent; or
25 (c) restrict religious exercise or culturally rooted spiritual prac-
26 tices.
27 § 3. Severability. If any provision of this article, or the applica-
28 tion of such provision to any person or circumstance, shall be held
29 invalid, illegal or unenforceable, the remainder of the article, and the
30 application of such provision to persons or circumstances other than
31 those as to which it is held invalid, illegal or unenforceable, shall
32 not be affected thereby.
33 § 4. This act shall take effect on the ninetieth day after it shall
34 have become a law and shall apply to acts and practices occurring on or
35 after such date.
