Although the law is relatively unknown to the general public, MN Statute 609.913 actually makes the execution of April Fools Day pranks (as well as pranks practiced during the rest of the year) illegal under a certain set of circumstances. Every April, thousands of Minnesotans are unknowingly breaking the law and risking imprisonment for up to 10 years for causing the victim of the prank considerable distress. Frankly, we consider the law unconstitutional, as it limits the free speech rights of American citizens.
This statute often goes unenforced, but has been active in the Minnesota Criminal Code since the bill was proposed and passed in May of 1979. According to the proposal in 1979, the pranks performed by Minnesotans that April caused so much collective distress that traffic accidents, employee delinquency, and prescription drug abuse increased to a level that should be considered wholly unacceptable. The bill also cited the long-term health effects of stress and the human body. Proponents for the law argued that pranks in particular cause a significant level of stress in victims that is not experienced in normal day-to-day life.
While prolonged distress can be dangerous to a person’s health, we believe that the law is written in such a way so as to entrap the well-meaning. There is not nearly enough framework outlining the objective definitions of terms used in the statute text. At Appelman Law Firm, we are actively working to fight this law. We believe that Statute 609.913 unfairly targets citizens for relatively harmless crimes and prohibits the use of the right to freedom of speech.
609.913 Unlawful Distress By Prank.
Subdivision 1. Acts constituting.
Whoever commits a prank under the following conditions upon another person that so causes that person to become distressed, concerned, unsettled, or uncomfortable shall be considered to have committed the crime of Unlawful Distress by Prank. The following categories of pranks are prohibited:(1) a prank that causes the victim to believe that their employment or form of livelihood is jeopardy.
(2) a prank that causes the victim to be delayed for any pre-scheduled obligation.
(3) a prank that causes the victim to feel compelled to alter their finances in any way.
(4) a prank that causes the victim great excitement or happiness such that upon realizing of the falsehood, the victim will experience an equivocal loss of previous excitement or happiness.
(5) a prank that compels the victim to feel any unnecessary sense of urgency or stress.
Subd. 2. Permitted activities.
For purposes of this section, it is not unlawful to:
(1) tell an untruth which you do not know to be false, even if told on the first day of April.
(2) commit a prank that is not intended to cause any distress on the receiving party.
(3) compel others to commit a prank on your behalf, so long as no money or items of value are exchanged in payment for the execution of the prank.
(4) publish or perpetuate a prank through a blog or website owned and operated by the executor.
Subd. 3. Sentence.
Whoever violates subdivision 1 may be sentenced as follows:(1) to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, if the prank caused the victim to feel a considerable level of distress for a period of one day or less.
(2) to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the prank caused the victim to feel a considerable level of distress for a period of more than one day.
(3) to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both, if the victim was unable to maintain a complete, uninterrupted night of sleep and felt a considerable level of distress for more than one day.
It will be at the discretion of the presiding judge to determine
(i) whether the victim’s alleged distress was so great as to warrant the prosecution of the executor of the prank.
(ii) whether there is sufficient evidence to suggest that the victim’s distress was not present before the execution of the prank.
Although police rarely make arrests for the execution of unlawful pranks, a victim who feels as though their level of comfort was significantly impeded upon may choose to file a formal police report and law enforcement will be compelled investigate and possibly arrest the offender.
April Fools may seem to be a time for good-natured, harmless joking between friends, but the majority of the pranks played in Minnesota on the first of the month are, in fact, illegal. So today, please joke responsibly. However, it can be hard to determine if a prank has caused a criminal level of distress. Here are some signs to look for:
1. The victim’s face has taken on a pale, chalky color OR has reddened past an acceptable level.
2. The victim begins to sweat profusely AFTER the execution of the prank.
3. The victim begins to cry, shout, whine, whimper, scream, or make any other sound usually associated with feelings of distress.
However, it remains at the discretion of the judge to determine whether the victim’s level of distress was significant enough to proceed with prosecution.
Because prank offenses are not widely known by the general public, there are very few MN criminal defense attorneys with the experience and expertise to properly handle the case. According to MN criminal defense attorney Avery Appelman, “we at Appelman Law Firm are some of the only attorneys in the state who have successfully argued and defended against prank offenses in court. We also pride ourselves on our knowledge of MN prank laws, a field which few other firms can boast.”
If you have been charged with a violation of the prank statute in Minnesota, please contact a MN criminal defense attorney right away–Let us help you fight for your right to observe the April Fools Holiday!
