Fortune telling · as in force on May 31, 2026
§ 165.35 Fortune telling.
A person is guilty of fortune telling when, for a fee or compensation which he directly or indirectly solicits or receives, he claims or pretends to tell fortunes, or holds himself out as being able, by claimed or pretended use of occult powers, to answer questions or give advice on personal matters or to exorcise, influence or affect evil spirits or curses; except that this section does not apply to a person who engages in the aforedescribed conduct as part of a show or exhibition solely for the purpose of entertainment or amusement.
Fortune telling is a class B misdemeanor.
A person commits fortune telling by, for a fee or compensation directly or indirectly solicited or received, claiming or pretending to tell fortunes, or holding out an ability, through claimed or pretended occult powers, to answer questions or give advice on personal matters or to exorcise or influence evil spirits or curses. ★ The rule does not apply to a show or exhibition solely for entertainment or amusement. ★ The offense is a class B misdemeanor.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.