# Do laws prohibiting black magic still exist?

**URL:** <https://boards.straightdope.com/t/do-laws-prohibiting-black-magic-still-exist/568114>\
**Category:** Factual Questions\
**Created:** [January 18, 2011, 7:56pm UTC](https://boards.straightdope.com/t/do-laws-prohibiting-black-magic-still-exist/568114 "2011-01-18T19:56:28Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![fuzzypickles](https://avatars.discourse-cdn.com/v4/letter/f/9d8465/32.png) [@fuzzypickles](https://boards.straightdope.com/u/fuzzypickles)\
**Post date:** [January 18, 2011, 7:56pm UTC](https://boards.straightdope.com/t/do-laws-prohibiting-black-magic-still-exist/568114/1 "2011-01-18T19:56:28Z")

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Inspired by the fun in [this thread](http://boards.straightdope.com/sdmb/showthread.php?t=593494), as well as this morning’s episode of Nat Geo’s _Taboo_: Are there any places in the world where black magic, witchcraft, and other such nonsense are still prohibited by law?

Just asking out of curiosity, before I complete the circle. 🆒

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**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\
**Post date:** [January 18, 2011, 8:12pm UTC](https://boards.straightdope.com/t/do-laws-prohibiting-black-magic-still-exist/568114/2 "2011-01-18T20:12:30Z")

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Since no one can prove magic exists I’d say it’d be difficult to make a law against it.

Now, I’d guess some things people might do in pursuit of black magic would be illegal (sacrificing people and so on).

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**Author:** ![njtt](https://avatars.discourse-cdn.com/v4/letter/n/ecd19e/32.png) [@njtt](https://boards.straightdope.com/u/njtt)\
**Post date:** [January 18, 2011, 8:27pm UTC](https://boards.straightdope.com/t/do-laws-prohibiting-black-magic-still-exist/568114/3 "2011-01-18T20:27:24Z")

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> [@Whack-a-Mole](#):
>
> Since no one can prove magic exists I’d say it’d be difficult to make a law against it.

So you do not believe that there were ever laws against witchcraft? :dubious:

As it usually takes a deliberate act of the relevant legislative body to remove obsolete laws from the statute books, it rarely happens in practice unless the law is causing some sort of real problem (such as some people attempting to enforce it inappropriately). For that reason, I would be moderately surprised if there were not still laws against forms of black magic around, in various countries, technically still operative, but in practice ignored and unenforced.

I do not have any specific examples to offer, however.

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**Author:** ![The\_Peyote\_Coyote](https://avatars.discourse-cdn.com/v4/letter/t/5f8ce5/32.png) [@The\_Peyote\_Coyote](https://boards.straightdope.com/u/The_Peyote_Coyote)\
**Post date:** [January 18, 2011, 8:30pm UTC](https://boards.straightdope.com/t/do-laws-prohibiting-black-magic-still-exist/568114/4 "2011-01-18T20:30:37Z")

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I believe some countries in Africa still have anti-witchcraft laws on the books. In act, I thinks I read about a prosecution under those laws some months back.

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**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\
**Post date:** [January 18, 2011, 8:32pm UTC](https://boards.straightdope.com/t/do-laws-prohibiting-black-magic-still-exist/568114/5 "2011-01-18T20:32:22Z")

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How about the laws of thermodynamics?

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**Author:** ![Malthus](https://avatars.discourse-cdn.com/v4/letter/m/85f322/32.png) [@Malthus](https://boards.straightdope.com/u/Malthus)\
**Post date:** [January 18, 2011, 8:37pm UTC](https://boards.straightdope.com/t/do-laws-prohibiting-black-magic-still-exist/568114/6 "2011-01-18T20:37:37Z")

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Canada has anti-witchcraft laws currently.

Section 365 of the Canadian Criminal Code, R.S. 1985,c.C-46

> [@](#):
>
> "Every one who fraudulently
> 
> ```
> (a) pretends to exercise or to use any kind of witchcraft, sorcery, enchantment or conjuration, 
> 
> (b) undertakes, for a consideration, to tell fortunes, or
> 
> (c) pretends from his skill in or knowledge of an occult or crafty science to discover where or in what manner anything that is supposed to have been stolen or lost may be found,
> 
> ```
> 
> is guilty of an offence punishable on summary conviction."

The key here is “fraudulently”. Practicing some sort of Wicca isn’t caught.

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**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\
**Post date:** [January 18, 2011, 9:00pm UTC](https://boards.straightdope.com/t/do-laws-prohibiting-black-magic-still-exist/568114/7 "2011-01-18T21:00:41Z")

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> [@njtt](#):
>
> So you do not believe that there were ever laws against witchcraft? :dubious:

What passed for “proof” in the past was a bit lacking by modern standards.

And yeah, I suppose some law might technically still be on the books but I’d be surprised if it’d stand up in court in the US.

If you go outside and draw a pentagram, light some candles and read from the Necronomicon to summon a Lovecraftian demon I doubt you can be thrown in jail for that alone.

Perhaps people will think about having you committed but not thrown in jail.

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**Author:** ![HeyHomie](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/heyhomie/32/207_2.png) [@HeyHomie](https://boards.straightdope.com/u/HeyHomie)\
**Post date:** [January 18, 2011, 10:03pm UTC](https://boards.straightdope.com/t/do-laws-prohibiting-black-magic-still-exist/568114/8 "2011-01-18T22:03:33Z")

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This issue actually came up (somewhat obliquely) in a real-life case here in central Illinois. I wish I remembered names and places so I can dig up a cite, but here’s the general outline:

Teenager in some small town (Illiopolis, I think, but that’s from vague memory) practices Wicca. He wants to host a sort-of Wiccan festival in the town park. In applying for the permit, he mentioned that he planned to have psychics, palm readers, etc. among other guests.

The God-fearing people of Illiopolis were having none of it, and dug up some law meant to protect the townsfolk from being scammed by Gypsies which prohibet “fortune tellers” from plying their trade in town. His application for a permit was denied.

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**Author:** ![fuzzypickles](https://avatars.discourse-cdn.com/v4/letter/f/9d8465/32.png) [@fuzzypickles](https://boards.straightdope.com/u/fuzzypickles)\
**Post date:** [January 18, 2011, 10:38pm UTC](https://boards.straightdope.com/t/do-laws-prohibiting-black-magic-still-exist/568114/9 "2011-01-18T22:38:09Z")

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> [@Whack-a-Mole](#):
>
> Since no one can prove magic exists I’d say it’d be difficult to make a law against it.

The question isn’t whether it works or not – it’s whether actually performing a magickal ritual (presumably in manner that does not violate other laws) is itself a criminal act.

Presumably, if I were to draw a pentagram in goat’s blood and burn a photograph of someone who has wronged me and post the video on YouTube, that would raise some eyebrows – but unless extenuating circumstances apply, the police would laugh it off as someone being silly. (Am I correct?)

> [@TriPolar](#):
>
> How about the laws of thermodynamics?

Don’t tell anyone, but…a long time ago, I decreased the entropy of an isolated macroscopic system. (And I’d do it again, if I could remember how it works…)

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**Author:** ![Malthus](https://avatars.discourse-cdn.com/v4/letter/m/85f322/32.png) [@Malthus](https://boards.straightdope.com/u/Malthus)\
**Post date:** [January 18, 2011, 10:45pm UTC](https://boards.straightdope.com/t/do-laws-prohibiting-black-magic-still-exist/568114/10 "2011-01-18T22:45:01Z")

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> [@fuzzypickles](#):
>
> The question isn’t whether it works or not – it’s whether actually performing a magickal ritual (presumably in manner that does not violate other laws) is itself a criminal act.
> 
> Presumably, if I were to draw a pentagram in goat’s blood and burn a photograph of someone who has wronged me and post the video on YouTube, that would raise some eyebrows – but unless extenuating circumstances apply, the police would laugh it off as someone being silly. (Am I correct?)

In Canada, performing black magic would be a criminal act - if you were doing it for money.

It’s a question of fraud.

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**Author:** ![NDP](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ndp/32/55_2.png) [@NDP](https://boards.straightdope.com/u/NDP)\
**Post date:** [January 18, 2011, 10:45pm UTC](https://boards.straightdope.com/t/do-laws-prohibiting-black-magic-still-exist/568114/11 "2011-01-18T22:45:51Z")

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> [@Whack-a-Mole](#):
>
> What passed for “proof” in the past was a bit lacking by modern standards.
> 
> And yeah, I suppose some law might technically still be on the books but I’d be surprised if it’d stand up in court in the US.
> 
> If you go outside and draw a pentagram, light some candles and read from the Necronomicon to summon a Lovecraftian demon I doubt you can be thrown in jail for that alone.
> 
> Perhaps people will think about having you committed but not thrown in jail.

Depending on where your drew the pentagram and how big the flames on the candles are, I suppose you could get cited for vandalism, burning without a permit, and air quality violations. If a Lovecraftian demon pops up, you might run afoul of local animal control regulations and federal laws barring the smuggling of illegal immigrants.

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**Author:** ![Ronald\_C.Semone](https://avatars.discourse-cdn.com/v4/letter/r/cc9497/32.png) [@Ronald\_C.Semone](https://boards.straightdope.com/u/Ronald_C.Semone)\
**Post date:** [January 19, 2011, 12:51am UTC](https://boards.straightdope.com/t/do-laws-prohibiting-black-magic-still-exist/568114/12 "2011-01-19T00:51:27Z")

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In the US, many states have laws against fortune telling for money. That might meet the definition of laws against black magic.

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**Author:** ![Canadjun](https://avatars.discourse-cdn.com/v4/letter/c/76d3ee/32.png) [@Canadjun](https://boards.straightdope.com/u/Canadjun)\
**Post date:** [January 19, 2011, 12:55am UTC](https://boards.straightdope.com/t/do-laws-prohibiting-black-magic-still-exist/568114/13 "2011-01-19T00:55:26Z")

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> [@NDP](#):
>
> If a Lovecraftian demon pops up, you might run afoul of local animal control regulations and federal laws barring the smuggling of illegal immigrants.

I doubt they could make that stick. Seems to me demons are neither animal nor human. 😃

In any case, an alternative to banning witchcraft might be to (try to) [tax](http://www.telegraph.co.uk/news/worldnews/europe/romania/7991507/Romania-attempts-to-tax-witches-and-fortune-tellers.html) it.

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**Author:** ![drachillix](https://avatars.discourse-cdn.com/v4/letter/d/48db29/32.png) [@drachillix](https://boards.straightdope.com/u/drachillix)\
**Post date:** [January 19, 2011, 1:05am UTC](https://boards.straightdope.com/t/do-laws-prohibiting-black-magic-still-exist/568114/14 "2011-01-19T01:05:40Z")

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> [@Canadjun](#):
>
> I doubt they could make that stick. Seems to me demons are neither animal nor human.

Border Patrol agent: “So boss where to we deport him to?”

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**Author:** ![fuzzypickles](https://avatars.discourse-cdn.com/v4/letter/f/9d8465/32.png) [@fuzzypickles](https://boards.straightdope.com/u/fuzzypickles)\
**Post date:** [January 19, 2011, 1:44am UTC](https://boards.straightdope.com/t/do-laws-prohibiting-black-magic-still-exist/568114/15 "2011-01-19T01:44:37Z")

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> [@Malthus](#):
>
> In Canada, performing black magic would be a criminal act - if you were doing it for money.
> 
> It’s a question of fraud.

But what if the magician is a True Believer? Fraud is a matter of intent, not deed.

> [@Ronald\_C.Semone](#):
>
> In the US, many states have laws against fortune telling for money.

I’m assuming that’s up to local jurisdictions – doesn’t make sense that any state government would outlaw forms of (IMHO) harmless entertainment which support the economy. (Venice Beach, CA would become a ghost town if “woo” became illegal.)

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**Author:** ![MikeS](https://avatars.discourse-cdn.com/v4/letter/m/919ad9/32.png) [@MikeS](https://boards.straightdope.com/u/MikeS)\
**Post date:** [January 19, 2011, 1:45am UTC](https://boards.straightdope.com/t/do-laws-prohibiting-black-magic-still-exist/568114/16 "2011-01-19T01:45:02Z")

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> [@drachillix](#):
>
> Border Patrol agent: “So boss where to we deport him to?”

Sunnydale?

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**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [January 19, 2011, 2:17am UTC](https://boards.straightdope.com/t/do-laws-prohibiting-black-magic-still-exist/568114/17 "2011-01-19T02:17:07Z")

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> [@The\_Peyote\_Coyote](#):
>
> I believe some countries in Africa still have anti-witchcraft laws on the books. In act, I thinks I read about a prosecution under those laws some months back.

One is the [Central African Republic:](http://www.theatlantic.com/magazine/archive/2010/06/hex-appeal/8103/)

> [@](#):
>
> SNAKING AROUND the outer wall of the courthouse in Mbaiki, Central African Republic, is a long line of citizens, all in human form and waiting to face judgment. It’s easy to imagine them as the usual mix of drunks, reckless drivers, and check-bouncers in the dock of a small American town. But here most are witches, and they are facing criminal punishment for hexing their enemies or assuming the shape of animals.
> 
> By some estimates, about 40 percent of the cases in the Central African court system are witchcraft prosecutions. (Drug offenses in the U.S., by contrast, account for just 12 percent of arrests.) In Mbaiki—where Pygmies, who are known for bewitching each other, make up about a tenth of the population—witchcraft prosecutions exceed 50 percent of the case load, meaning that most alleged criminals there are suspected of doing things that Westerners generally regard as impossible.

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**Author:** ![Rune](https://avatars.discourse-cdn.com/v4/letter/r/e68b1a/32.png) [@Rune](https://boards.straightdope.com/u/Rune)\
**Post date:** [January 19, 2011, 2:19am UTC](https://boards.straightdope.com/t/do-laws-prohibiting-black-magic-still-exist/568114/18 "2011-01-19T02:19:40Z")

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From time to time you hear of witches and sorcerers being convicted and sentenced to death in Saudi Arabia.

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**Author:** ![Sunspace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sunspace/32/1250_2.png) [@Sunspace](https://boards.straightdope.com/u/Sunspace)\
**Post date:** [January 19, 2011, 2:28am UTC](https://boards.straightdope.com/t/do-laws-prohibiting-black-magic-still-exist/568114/19 "2011-01-19T02:28:47Z")

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> [@Malthus](#):
>
> In Canada, performing black magic would be a criminal act - if you were doing it for money.
> 
> It’s a question of fraud.

The way Section 365 is written in your quote, it’s only fraud if it doesn’t work, and if they’re not fraudulently pretending, they’re off the hook. Which would require that magick, fortunetelling, etc work. Now, I’ve run into various religious personnel who believe that their spells and prayers work; it would seem that the Section was written to exclide them, because they believe what they’re doing works.

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**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\
**Post date:** [January 19, 2011, 2:41am UTC](https://boards.straightdope.com/t/do-laws-prohibiting-black-magic-still-exist/568114/20 "2011-01-19T02:41:22Z")

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> [@Ronald\_C.Semone](#):
>
> In the US, many states have laws against fortune telling for money.

Fortune telling is a class C misdemeanor in Wisconsin too. It falls under the vagrancy statute.

Can anyone tell me what the difference is between a “fortune teller” and a “psychic”?

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