Penal law is not applicable to mere nudity (as in nude sports, nude hikes etc.).
In regulatory law, nudity is defined as a regulatory offence only here and there, namely in some German local governance law. Section 118 of the Act on Regulatory Offences is not applicable to nude hiking (or a similar naturist activity) in nature. But we generally advise you to avoid nudity within built-up areas, unless there is a corresponding permit or invitation.
According to property law, an owner may decide who may use the property and how. Thus, an owner can declare that nude hiking is not allowed on the property. The owner's right to control access can only be restricted by generally applicable law or by existing rights of third parties. Similarly, the owner (or tenant) of a restaurant may also freely determine whether the guests must be dressed, are allowed to be in the nude, or must be nude. The same is true for any homeowner who, for example, issues invitations to a garden party.
- Now and then, we encounter police officers during our nude activities. This can happen by accident or when police officers seek us out. The latter may occur because someone is unfamiliar with naturist activities in nature, categorises the activity wrongly, calls the police and so distracts them from their proper duties and responsibilities.
We like to illustrate with descriptions of some of those encounters, how the law and case law is applied in practise.
- Regarding case law, we look at relevant judgments, as far as there are any. Then, we assess the relevant law.
Regarding case law and law, we distinguish further among penal law, regulatory law, and property law.