looking for someone who can speak English

[Paul from Bruxelles]

Hi,

my name is Paul, 50 yers old. I'm living in Brussels. One of my favorite activity is Nacktwandern. Last W.E., I made a very pleasant walk in the forest near Roetgen, close to Belgium border. Most of the time, when I meet someone, I wear a little piece of fabric to hide my sexe, but not always. All the people I met were very friendly.

However, I would like to know exactly the rule of law in Germany regarding nude hicking. Is is allowed to do it? What is the risk if I am arrested by the police of a forest guard? Is it likely that someone who see me might call the police?

thank you very much in advance.

Paul,

[Heiter]

Hello Paul,

German society is changing, step by step, but slowly, concerning nudity in public.
There are some different rules to pay attention:


-----------------------------------
A)
Nacktwandern (nude hiking) is a pratice of nude sport according to article 2
of the superior German law, the Grundgesetz (basic law).

http://www.gesetze-im-internet.de/engli ... html#p0019

According to article 2, there is a limitation, comment see below.

----------------------------------

B)
The important German Criminal Code, sections 183 and 183a.

But it does not apply to "normal" nude hiking.
==================================
It applies for crimes like sexual acts in public,
==================================
also if you would enjoy it as part of your own
=================================
sexual satisfaction (!) to show your nudity as an exhibitionist.
==============================================

But there must be an evidence, that you have wanted to have sexual pleasure.

please have a look at:
http://www.gesetze-im-internet.de/englisch_stgb/

This might be a basis to be arrested up to 24 hours if your identity is
not clear or on the other hand a crime is severe enough or if it is
not clear that you will flee abroad or not.
The details you can find in German Strafprozessordnung (Code of Criminal Procedure).

Please have a look at:
http://www.gesetze-im-internet.de/englisch_stpo/

Since the law does not provide a clear definition of a "sexual act",
there are always discussions about the precise interpretation
(undefined legal term).

I am writing it again:

Nude hiking has nothing to do with it.
============================

To make other persons sure about this, nude hikers try to avoid cities,
villages, frequented ways and try to use lonely paths in nature.
By this, nude-haters have no chance to denounce somebody successfully
because this is an evidence that you are not engaged in aggressive exhibitionism.

So nude hiking is not a crime.


-----------------

C)
§ 118 Administrative Offences Act
=============================

I wrote about the limitation of article 2 basic law.

Public nudity can at best be considered from a "disorderly conduct".
This is only an administrative offense (§ 118 Administrative Offences Act),
so not a crime.

Please have a look at:
http://www.gesetze-im-internet.de/engli ... index.html

In practice, cases of public nudity (in built-up areas) are usually treated with a dismissal,
a pursuit as an administrative offense does not take place normally.

The level of the German Gesetz über Ordnungswidrigkeiten (OwiG)
(Administrative Offences Act) is like parking wrong, but most of the fines are
higher then parking wrong. It is not possible bring somebody to prison
caused by violation of an OWiG-section.

WARNING:
Although for example you have nothing done wrong, you are bound to
say your genuine name etc. (according to section 111 (1) to the police etc.
This includes the locally competent Revierförster (forest ranger).
If you have no possibility to attest your ID (ID-Card, driving licence), you have to
tolerate all actions to get your real ID (police might carry you to headquarter,
but you can find your way back alone...).
All measures of the police could be the same as if you have violated
StGB (see section 46 (1) OWiG), including temporarely police arrest if necessary,
especially as a NON-EU foreigner.

§ 118 Administrative Offences Act is a strange section. It is a section with wide spectrum
of interpretation. This is in opposite to article 101 basic law. Nevertheless
§ 118 is regulating all those low-level seeming-wrong-behaviour which makes
people angry. Loud noise in public is § 117, but § 118 is a § for all remaining sorts of
behaviour seeming wrong in public.
So § 118 might be used by some people for attacks against nudity.
But the opinion of German society, regarding nudeless abroad frequented places has
changed a bit the last decade, independent from the effect, that in former GDR nude
swimming was widespread.
Yesterday I read that a majority of German people is liking nude hiking, but they
do not dare to do so.
There a similar circumstances like swimming nude. Many of them are swimming nude
during holidays in foreign countries like Croatia but the do not dare to meet their neighbours
nude at the next gravel pit lake.

Happily, German justice, police and administration are nearly totally united to
refuse pressing charges against someone concerning nudity in nature, outside built-up
areas. Be friendly if stopped by police, I think they are angry only about those people who
have made a "nudist-alarm". They have to do their job, they are not allowed to suppress
a telephone call. After having a contact with you, work is done and all will be ok.


Although there are two existing official nude hiker paths in Germany, you can also hike nude
on lonely paths in nature. But respect nature by hiking nude only during daylight times
because animals in the forests might be disturbed otherwise.

It is usual not to flee aside when people with clothes are approaching.
Friendly saying "Guten Tag" is a good idea. If asked you might give an answer why
you are convinced of the good feeling when hiking nude.
It is a good idea to have shorts in your rucksack, you should use them if you
have lost your bearings or your map and you are suddenly in a village.

The rules are not created to suppress people, but to manage a society according
to article 2 basic law (with its limitation).
The rules can not manage 100 % of life. But having understood the sense of them,
we can try to have liberty as much as possible, but permanently respecting other people
and their expectations, for example to by reducing volume of a gettoblaster in public.

See the contrast between those people who do not want to see nudes and those
people who want to hike nude in nature wihout an idea of sex, then you will
find out the best way for all....

Maybe other forum members will add or contradict the text, I am not perfect, sorry.

Nude regards

Heiter

[Heiter]

Hello Paul,
a little correction:
"This is in opposite to article 101 basic law." must be replaced by
"This is in opposite to article 103 (2) basic law."

Heiter

[holgi-w]

*Daumen hoch* dafür!

[Paul from Bruxelles]

dear Heiter,

thank you very much for this very complete reply. I understand that, if I stay away from inhabited areas and have a normal hicking attitude, the risk is nearly nil. I might have to decline my identity to the Revierförster but he should not arrest me. This will encourage me to do it again, with, as you indicated, a full respect of the nature and its habitants (animals). It would be a shame to pretent to be close to the nature and at the same time damage it.

this is very different from Belgium where nudity is Belgium is still condidered as a sexual behaviour (while there are a lot of Belgium in the french naturist resorts !).

in France, mentality is also changing step by step. If your behaviour clearly indicates that you have no sexual intents, the risk of facing the police is very limited. the last know case was a man who was walking nude around Perigueux. A woman saw him from far away. The man immedialtly hidded in the brumbles. The police got him because the women gave the number of the plaque of what she thought was his car. At the end of his trials, he was freed with no fee nor any charge. this was an important jugement as it clearly indicates that simple nudity with no will of exhibitionism can not be condidered as an infraction.

In France, I like doing nude jogging in the "Massif des Maures" in the south of France. I do it early in the mornig when the heat is not too high and when very few people are out. People are generally suprised but friendly or indifferent. To explain my approach, I realised not a long time ago that I could run wearing for more than 700€ of goods (special running shoes with orthopedic soles, GPS, cardio meters, gortex suits, etc....). Now I am tempted to run just with my 10€ worth Huargache sandals, that's set. As explainzed in the Pope last encyclic, we realy need to minimise our consumption. Maybe the Pope would not imagine that his encyclic was an encouragement for for nude hicking but this is in part my interpretation


Thanks again for your advise

kind naturist regards

Paul,

[Paul from Bruxelles]

Dear Heiter,

I read the discussion launched by Nordnackt. If I have understood him, there is no garantee that a nacktwandern would not be punished. but apparently the risk remains very low. I'm convinced that a nackt wandern in the forest with no inapropriate behaviour has no risk. But, to confirm my assessment, it would be simple to check whether some nude hickers have been recently ennoyed by the police or any forest guard. If there is no report of any problem in doing nude hicking, then, the risk is really nil.

kind naturist regards

Paul,

[Horst]

You are right. That's the reason for starting the thread "Erfahrungsthread" to get some knowledge. Acctually I still don't know any legal case concerning naked hiking in the nature/ § 118 OWiG. In the fact, the risk to recieve a fee in my opinion seems to be very low. You may get trouble with other people anyway.