S 8682

                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
                                   8682
                             I N  S E N A T E
                              January 7, 2026
                                ___________
 Introduced  by Sen. GONZALEZ -- read twice and ordered printed, and when
   printed to be committed 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 Section 165.35 of the penal law is REPEALED.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;
   (C) REPRESENT OR IMPLY THAT FAILURE TO  PAY  MONEY  OR  PROPERTY  WILL
 RESULT IN PHYSICAL INJURY, FINANCIAL HARM, OR SUPERNATURAL HARM; OR
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14244-01-5
 S. 8682                             2
   (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.