S T A T E O F N E W Y O R K
________________________________________________________________________
9387
2025-2026 Regular Sessions
I N A S S E M B L Y
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:
Section 1. Section 165.35 of the penal law is REPEALED.
§ 2. The executive law is amended by adding a new section 63-e to read
as follows:
§ 63-E. ACTIONS BY ATTORNEY GENERAL AGAINST DECEPTIVE PRACTICES IN
SPIRITUAL OR METAPHYSICAL SERVICES. 1. FOR PURPOSES OF THIS SECTION:
(A) "SPIRITUAL, METAPHYSICAL, OR DIVINATORY SERVICES" MEANS ANY
SERVICE, PRACTICE, OR COMMUNICATION INVOLVING TAROT, ASTROLOGY, PALMIS-
TRY, CLAIRVOYANCE, MEDIUMSHIP, ENERGY WORK, PSYCHIC READINGS, SPIRITUAL
GUIDANCE, OR ANY SIMILAR EXPRESSIVE OR BELIEF-BASED SERVICE.
(B) "PROVIDER" MEANS ANY PERSON WHO OFFERS OR PROVIDES SUCH SERVICES
FOR A FEE.
2. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REGULATE, RESTRICT,
OR IMPAIR:
(A) EXPRESSIVE CONDUCT OR SPEECH PROTECTED BY THE FIRST AMENDMENT OR
THE CONSTITUTION OF THE STATE OF NEW YORK;
(B) THE PRACTICE, EXPRESSION, OR COMMUNICATION OF SPIRITUAL, RELI-
GIOUS, CULTURAL, OR METAPHYSICAL BELIEFS; OR
(C) THE GOOD-FAITH OFFERING OF SUCH SERVICES.
3. A PROVIDER SHALL NOT, IN THE COURSE OF PROVIDING SPIRITUAL, META-
PHYSICAL, OR DIVINATORY SERVICES:
(A) KNOWINGLY MAKE MATERIALLY FALSE REPRESENTATIONS OF FACT FOR THE
PURPOSE OF OBTAINING MONEY OR PROPERTY;
(B) USE COERCIVE, MANIPULATIVE, OR DECEPTIVE CONDUCT TO CAUSE A PERSON
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
(C) REPRESENT OR IMPLY THAT FAILURE TO PAY MONEY OR PROPERTY WILL
RESULT IN PHYSICAL INJURY, FINANCIAL HARM, OR SUPERNATURAL HARM; OR
(D) HOLD THEMSELVES OUT AS LICENSED OR CREDENTIALED IN A PROFESSION
REQUIRING LICENSURE UNDER STATE LAW WHEN THEY ARE NOT SO LICENSED.
4. THE ATTORNEY GENERAL MAY INVESTIGATE VIOLATIONS OF THIS SECTION AND
MAY BRING AN ACTION IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK
TO:
(A) OBTAIN INJUNCTIVE RELIEF;
(B) SECURE RESTITUTION FOR INJURED PERSONS;
(C) RECOVER DAMAGES OR DISGORGEMENT; AND
(D) SEEK CIVIL PENALTIES NOT TO EXCEED FIVE THOUSAND DOLLARS PER
VIOLATION.
5. ANY PERSON INJURED BY A VIOLATION OF SUBDIVISION THREE OF THIS
SECTION MAY BRING AN ACTION IN A COURT OF COMPETENT JURISDICTION TO
RECOVER:
(A) ACTUAL DAMAGES OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER;
(B) REASONABLE ATTORNEYS' FEES AND COSTS;
(C) PUNITIVE DAMAGES WHERE APPROPRIATE; AND
(D) ANY OTHER RELIEF THE COURT DEEMS PROPER.
6. NOTHING IN THIS SECTION SHALL:
(A) AUTHORIZE CRIMINAL PROSECUTION FOR THE MERE PROVIDING OF SPIRITU-
AL, METAPHYSICAL, OR DIVINATORY SERVICES;
(B) BE CONSTRUED TO DEEM THE CONTENT OF SUCH SERVICES INHERENTLY
DECEPTIVE OR FRAUDULENT; OR
(C) RESTRICT RELIGIOUS EXERCISE OR CULTURALLY ROOTED SPIRITUAL PRAC-
TICES.
§ 3. Severability. If any provision of this article, or the applica-
tion of such provision to any person or circumstance, shall be held
invalid, illegal or unenforceable, the remainder of the article, and the
application of such provision to persons or circumstances other than
those as to which it is held invalid, illegal or unenforceable, shall
not be affected thereby.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law and shall apply to acts and practices occurring on or
after such date.