Minnesota Criminal Defense Blog - Appelman Law Firm

What Is Lewd Behavior Under The Law?

Avery Appelman — Fri, 16 Oct 2026 13:30:07 +0000

Minnesota’s indecent exposure law states that a person is guilty of the crime if they willfully and lewdly expose their body, but what exactly does “lewdly” mean under this definition? Interestingly, the definition has changed over the years, and recently Minnesota lawmakers have attempted to better define what is means to lewdly display your body. We take a closer look at how lewdness plays into an indecent exposure charge in today’s blog.

Lewdness And Indecent Exposure

As the law states, a person must willfully (on purpose) and lewdly display their body in order to be charged with indecent exposure, but the definition of lewdness isn’t as obvious as the term willfully. Last year, in State v. Plancarte, the Minnesota Supreme Court identified four reasonable dictionary definitions for lewdness that had been used in different court cases over the years. Those terms were:

Obscene
Indecent
Lustful
Conduct of a sexual nature

If your act met any of those definitions, it may be considered lewd under the law. However, the court wanted to further define lewd conduct, and of the above definitions, they settled on “conduct of a sexual nature,” which means that simply displaying private parts is not necessarily sexual conduct. Skinny dipping in a private area of a quiet lake may not meet this definition, but it’s not automatically immune either. The conduct needs to be sexual in nature, not just offensive, so while the definition is clearer, applying it to each case still makes the law a bit subjective.

When it comes to defining lewdness, it really comes down to the act itself, and similar situations can be defined much differently. For example, if you live in the country with some space between your neighbors, you may be able to sunbathe naked in your backyard without issue. If you live in the city, you probably cannot do the same, even if you have a fence. If the neighbor’s second story windows give them a free look into your backyard, you could be hit with an indecent exposure charge if they see you naked outdoors.

It’s important to remember that being on private property doesn’t give you immunity from lewdness. Similar to the above example, a man who performs naked yoga in front of his living room window with the blinds open could easily catch indecent exposure charges in his home because of the act. The same goes for having sexual relations or masturbating in a locked private vehicle where others can see in. The act can occur in a private area, but if others can reasonably see in and the act is sexual in nature, don’t be surprised if you’re hit with indecent exposure charges.

Lewd acts have become more defined, but they will be determined on a case-by-case basis, and we know how to craft a narrative that paints our clients in a positive light. If you have been charged with indecent exposure or need assistance winning a similar type of case, connect with our team of lawyers today. Give Avery and the team at Appelman Law Firm a call today at (952) 224-2277.

What’s The Best Case And Worst Case Scenario For My DUI?

Avery Appelman — Tue, 13 Oct 2026 19:59:06 +0000

No two DUI cases are ever exactly the same, but oftentimes they can play out somewhat similarly to one another. For your run of the mill first offense DUI without injury, the best and worst case scenarios will likely look similar when comparing two different cases. Below, we take a closer look at your best case scenario, your worst case scenario and a middle ground for your first offense DUI case in Minnesota.

Best Case Scenario

Let’s begin with the best case scenario, which would involve either beating the charges or having them dropped altogether. In this scenario, you will not be found criminally guilty for your actions and will not need to spend any time behind bars or pay a fine associated with a conviction. That said, this scenario won’t just “happen.” You can’t go to court without a plan or simply hope the judge takes pity on you and expect to fall into a best case scenario.

You need to showcase why you are not guilty, or at least create reasonable doubt, and that only happens if you have a plan for how you’ll approach your case and the court system. The single best way to work towards a best case scenario is by hiring a skilled criminal defense attorney who can build a strong defense based on their knowledge of the law and speak to your defense in court. If you’re hoping for a best case scenario, you can greatly increase the odds of this by hiring a DUI lawyer early in the process.

The Worst Case Scenario

Again, we’re working on the assumption that this is a first offense DUI without any aggravating factors. For this type of case, the worst case scenario is being found guilty or pleading guilty/no contest. That’s not to say that you should never plead no contest (more on this later), but pleading guilty and being found guilty will lead you to the same place – waiting for a judge to decide your fate. For a first offense misdemeanor DUI in Minnesota, you can be sentenced to:

Up to 90 days in jail
Fines up to $1,000
License revocation for at least 90 days

It’s very unlikely that someone with a minimal criminal record who is found guilty of this type of DUI to receive jail time as part of their sentence, but know that it is on the table. It’s also worth noting that a DUI conviction can have implications for your employment or housing, depending on you situation. It’s rare, but a first offense DUI could send you to jail for 90 days and result in the loss of your job, which again speaks to the importance of coming in with a plan.

The Middle Ground Scenario

Many people find that their case plays out somewhere in the middle of these two bookends. You may be able to display remorse and push for specific sentencing recommendations in the event you are found guilty, which can help keep you out of jail or assist if the conviction would place immense financial strain on your family. You can also work with the prosecution (or have your lawyer do this) to negotiate a plea deal on your behalf if winning your case in court seems unlikely. You may be able to get the DUI charge thrown out by pleading guilty to a reckless driving charge (typically known as a wet reckless), which can keep you out of jail, save you thousands on car insurance and allow you to maintain your employment.

Pleading guilty, no contest or pleading to reduced charges can help you avoid a worst case scenario and have more ownership in how your case plays out, even if it doesn’t help you achieve the best case scenario. Many lawyers excel at avoiding a worst case scenario and finding a solid middle ground when their client has little chance of winning a favorable outcome at trial.

For specific advice as to what you can expect from your court case, or for assistance challenging the charges in court, connect with Avery and the team at Appelman Law Firm today at (952) 224-2277.

The Risk Of Reoffending – What The Numbers Say

Avery Appelman — Mon, 12 Oct 2026 15:42:55 +0000

One of the best predictors of future activity is past performance, but at the same time, we always preach that one small mistake shouldn’t define your life and send you down a path of crime. Yes, having a criminal record does increase your likelihood of being charged with another crime in the future compared to someone who doesn’t have a criminal conviction on their record, but what do the numbers say, and how long would a person have to go before their risk of future criminal activity falls in line with someone who has never been in trouble with the law? In today’s blog, we take a closer look at what the statistics say about the risk of reoffending.

Criminal Recidivism Study

To better understand recidivism rates, researchers at the University of Nebraska Omaha (UNO) took a closer look at data from more than 16.5 million people over the course of 40 years in order to learn about the predictive value of past criminal charges. Not surprisingly, a person’s risk of reoffending drops in a pretty consistent pattern until it ultimately converges with the general population’s ordinary risk level at roughly 9-10 years after the original offense. That means that an individual is more likely to get in trouble with the law for the first nine years after the original offense compared to someone off the street without a criminal conviction in the past.

Other interesting findings from the study include:

The probability of drawing a new criminal charge drops from 28% one year out to about 2% by year 30, with a steeper early decline (51% drop in likelihood by year 7.).
For the most part, the probabilities were similar across all races, sexes and type of crime.
Most people do not reoffend. About 63% of those charged with a crime were never charged again.

Researchers concluded that more emphasis should be put on ensuring that someone doesn’t reoffend shortly after their original criminal matter is sorted, as the first year is the most likely time for someone to reoffend. Helping individuals get a solid foundation and restore some balance to their life can ensure these rates continue to decline as they move on with their life.

The last bullet point is critical – the majority of people do not reoffend after an original conviction. Most people find a way to get their life back on track and make better decisions, and oftentimes that begins by connecting with a professional who can help guide you through the system and ensure you have access to the right resources to keep you moving forward. We’ve helped countless clients put a mistake behind them and make positive changes in their life, and we can do the same for you.

For more information, or to set up a free case review session with one of our lawyers, pick up the phone and reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.

More Drivers Cited And Arrested During 2026 Summer Crackdown Campaign

Avery Appelman — Thu, 08 Oct 2026 20:13:18 +0000

In recent years, Minnesota police have announced that they will have an increased presence on the roads between Memorial Day and Labor Day, a period commonly referred to as the “100 Deadliest Days” on the road. We also try to make it known that police will have a heavier presence on the road during this time period to ensure motorists get the message to slow down so that they don’t earn citations and arrests.

Despite our best efforts to get the word out, many of the totals from this year’s 100 Deadliest Days crackdown increased compared to the 2025 numbers. We take a closer look at the data from this summer’s 100 deadliest days crackdown in today’s blog.

Recapping 100 Deadliest Days Crackdown 2026

According to the Minnesota Department of Traffic Safety Office of Traffic Safety, a total of 51,615 speeding citations were handed out to Minnesota drivers during this year’s campaign, which is a significant increase from 2025 when law enforcement wrote 46,624 speeding tickets during the same period. Let’s take a closer look at other statistics from the crackdown and compare them to last year’s numbers.

Police made 1,431 DWI arrests during the 2026 campaign, up from 1,357 in 2025.
There were 154 fatal automobile accidents in 2026, up from 114 in 2025. This marks the highest total since the 2023 campaign when 163 traffic fatalities were recorded.
Police issued 159 “Move Over” citations, down from 178 in 2025.
Police issued 68 citations for drivers traveling over 100 miles per hour, with the fastest being logged at 146 mph, higher than last year’s top speed of 145 mph.

“By stopping dangerous driving before a crash happens, officers help save lives,” said Mike Hanson, director of OTS. “As the data shows us, we still have a lot of work to do to prevent these needless tragedies on our roads. Every driver has a role. Drive responsibly, buckle up, put the phone down, slow down and never drive impaired. If you see someone driving recklessly, speak up. You could help save a life.”

Despite our best efforts to warn drivers, it appears that many still didn’t get the message. The weather will soon turn worse in Minnesota (at least in terms of driving – it will be great for pond hockey), and if drivers continue to put the pedal to the metal or get behind the wheel after drinking or smoking marijuana, we fear that more lives will be senselessly lost across the state. Buckle up, put the distractions down, mind your speed and drive sober in the last three months of the year so that we can end 2026 on a high note. Many traffic issues are trending in the wrong direction, but we can improve those numbers by making smarter choices on the road.

If you have an impending court date coming up because you were cited or arrested during the 100 Deadliest Days campaign, or if you need help for a different criminal matter, connect with Avery and the team at Appelman Law Firm. Let us connect with you, conduct a free case review and help you determine the next best steps forward for your case. Give us a call today at (952) 224-2277.

Court Rules Elon Musk Can Indeed Have Your AI Nudes

Avery Appelman — Tue, 06 Oct 2026 19:24:14 +0000

A federal appeals court ruled that Minnesota cannot enforce it’s ban on artificial intelligence that allows users to alter images to depict nudified pictures or “intimate parts” while a constitutional challenge is on appeal.

“We are disappointed in the Eighth Circuit’s decision and respectfully but strongly disagree with it,” a spokeperson for the attorney’s office said in a statement to WCCO. “Minnesota’s nudification ban outlaws AI technology products from generating sexual images that harm and harass people in the vilest way possible. We will continue to vigorously defend the law as the appeal proceeds and we are proud to do so.”

Minnesota’s AI Nudification Ban

The first-of-its-kind law bans the process of taking a real image of an individual and using AI to turn it into a pornographic or sexual image. Not surprisingly, the bill passed unanimously in the Senate earlier this year and received support from all but one lawmaker in the House before being signed into law by Governor Tim Walz in May. Despite this move, an appeals court ruled that the ban cannot go into place until a ruling can be made on the original appeal over Minnesota’s nudification ban. Musk and his team still have to win their original appeal, but while that appeal is ongoing, Minnesota can’t enforce the ban.

We’re all for individual rights and freedoms, but just like you’re not free to yell “Bomb” on a airplane, you shouldn’t be able to take a normal picture of someone, run it through AI and generate sexualized or nudified pictures. Many people already have a hard enough time discerning what is real and what is artificially generated, and the idea that a friend, family member, child or loved one could have a harmless picture turned into a sexualized image because of this technology is a nightmare.

We’ll keep an eye on the original appeal as that case plays out, but for now Minnesota’s AI nudification ban has been lifted because of a ruling by the 8th U.S. Circuit Court of Appeals.

If you or someone you know has been victimized by revenge porn or you need help for a different type of criminal matter, connect with Avery and the team at Appelman Law Firm today at (952) 224-2277.