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New York statute

N.Y. Penal Law § 165.35 — Fortune telling

Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)

Part of Article 165: Other Offenses Relating to Theft, New York Penal Law.

Criminal charges under this statute

Full text of N.Y. Penal Law § 165.35

Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.

N.Y. Penal Law § 165.35Primary source, current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
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.

Official sources

Legal terms used in this section

Questions this section answers

What class of misdemeanor is fortune telling in New York?

Fortune telling is a Class B Misdemeanor in New York under N.Y. Penal Law § 165.35.

Which New York statute covers fortune telling?

Fortune telling is governed by N.Y. Penal Law § 165.35 (Fortune telling).

This reference is informational and is not legal advice.