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
[edit]In Australia, most states and territories have repealed laws against fortune-telling that were inherited from English law. Fortune-telling remains a crime in Northern Territory and South Australia.[1]
Canada
[edit]Federal law 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that anyone practicing fortune-telling "is guilty of an offence punishable on summary conviction."[2] The law was repealed in 2018.[3]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
[edit]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
[edit]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
[edit]Maryland
[edit]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.[6]
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.[7] The case was brought by a Romani man, with the help of the ACLU.[8]
New York
[edit]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..."[9]
See also
[edit]References
[edit]- ^ "How fortune-telling took hold in Australia — with women as clients and criminals". ABC News. Australian Broadcasting Corporation. 3 February 2020. Retrieved 2024-11-16.
- ^ "Pretending to practise witchcraft, etc". Government of Canada. January 2003. Retrieved 2024-11-16.
- ^ "Criminal Code". Government of Canada. 13 December 2018. Retrieved 2024-11-16.
365 [Repealed, 2018, c. 29, s. 41]
- ^ "Summary Offences Act 1981". Parliamentary Counsel Office (New Zealand). Retrieved 2024-11-16.
- ^ "Section 424 of the Criminal Code Act in Nigeria. Pretending to exercise witchcraft or tell fortunes". Jurist.ng. Retrieved 2024-11-16.
- ^ "CODE OF PUBLIC LOCAL LAWS OF BALTIMORE CITY" (PDF). Baltimore City Department of Legislative Reference. Retrieved 2024-11-16.
- ^ "Court Overturns Ban On Fortune-Telling". WAMU. Retrieved 2024-11-16.
- ^ "The Gypsy Queen of Baltimore*". Maryland Center for History and Culture. 18 April 2013. Retrieved 2024-11-16.
- ^ "Fortune Telling" (PDF). Courts of New York. Retrieved 2024-11-16.
External links
[edit]- The First Amendment Is for Fortune-tellers, Too, SecularHumanism.org