Legality of fortune-telling

Laws regulating fortune-telling vary by jurisdiction. Some countries and sub-national divisions ban fortune-telling as a form of fraud. Laws banning fortune-telling have often been criticized as infringing upon the freedom of religion and speech or as being racially discriminatory against Romani people, due to the traditional importance of fortune-telling within Romani culture.

Australia

In Australia, most states and territories have repealed laws against fortune-telling that were inherited from English law. Fortune-telling remains a crime in the Northern Territory and South Australia.^[1]

Canada

Federal law in Canada formerly criminalized fortune-telling under its law, banning "Pretending to practise witchcraft, etc." The law formerly stated that anyone practicing fortune-telling "is guilty of an offence punishable on summary conviction."^[2] The law was repealed in 2018.^[3]

New Zealand

Section 16 of New Zealand's Summary Offences Act 1981 provides a one thousand dollar penalty for anyone who sets out to "deceive or pretend" for financial recompense that they possess telepathy or clairvoyance or acts as a medium for money through use of "fraudulent devices." However, it is not a criminal offence if it is solely intended for purposes of entertainment.^[4]

Nigeria

The Criminal Code Act of Nigeria bans fortune-telling as a form of witchcraft. Any person who "undertakes to tell fortunes" may be found guilty of a misdemeanor and imprisoned up to one year.^[5]

United States

California

In 1985, the California Supreme Court struck down a law against fortune-telling.^[6]

Maryland

Fortune-telling and palm reading are illegal in Baltimore. Those convicted are guilty of a misdemeanor and may be fined $500 or imprisoned for up to a year.^[7]

Montgomery County, Maryland's ban on fortune-telling was struck down by the Appellate Court of Maryland. The court ruled that fortune-telling was protected free speech under the First Amendment of the US Constitution.^[8] The case was brought by a Romani man, with the help of the ACLU.^[9]

New York

Under New York state law, "a person is guilty of Fortune Telling when, for a fee or compensation which he or she directly or indirectly solicits or receives, that person claims or pretends to tell fortunes..."^[10]

Virginia

In 2024, the city of Norfolk, Virginia repealed their law banning "the practice of palmistry, palm reading, phrenology or clairvoyance, for monetary or other compensation". The law had been in place for 45 years.^[11]

See also

• Fortune telling fraud
• Laws against witchcraft