Nudity and the law in Germany: what § 118 OWiG and §§ 183 and 183a StGB regulate
How German law frames nudity in public space: the wording of § 118 OWiG and §§ 183 and 183a StGB, the role of municipalities and practical advice for travellers, with sources. Not legal advice.
By Jonas Weiler (Pen name of the BarSwinger editorial team) ·
In short: Anyone who practises naturism in Germany, or who travels and wants to know where the limits lie, comes across three provisions: § 118 of the Administrative Offences Act (OWiG) on causing a nuisance to the public, § 183 of the Criminal Code (StGB) on exhibitionist acts and § 183a StGB on public indecency. None of these mentions nudity as such; they attach to particular acts. On top of that, where clothing-free bathing is allowed is often decided by municipalities and operators. This article reproduces the wording and puts it in context. It is information and not legal advice.
§ 118 OWiG: nuisance to the public
According to the official text on gesetze-im-internet.de, an administrative offence is committed by "anyone who performs a grossly improper act that is capable of annoying or endangering the public and of impairing public order". The offence may be punished with a fine if the act cannot be punished under other provisions. The text states no amount for the fine. The key term here is the "grossly improper act". Whether an act is classed as such depends on the individual case, for example on the place, the situation and who can see it. The wording does not say whether mere nudity falls under it. We give no assessment of specific cases here.
§ 183 StGB: exhibitionist acts
§ 183 paragraph 1 StGB reads: "A man who harasses another person by an exhibitionist act shall be punished with imprisonment of up to one year or a fine." Under paragraph 2, the offence is generally prosecuted only on complaint, unless the prosecuting authority considers action ex officio necessary because of a special public interest. Paragraphs 3 and 4 deal with the possibility of suspending a sentence on probation. Here too it is notable: the offence requires harassment through an exhibitionist act. In our understanding, which is not legal advice, sunbathing in an area intended for it harasses no one, but the wording does not expressly exempt it. If you are unsure, ask the competent body.
§ 183a StGB: public indecency
§ 183a StGB punishes "anyone who performs sexual acts in public and thereby intentionally or knowingly causes offence" with imprisonment of up to one year or a fine, "if the act is not punishable under § 183". What counts here are "sexual acts" in public and the offence caused. For practice in FKK areas this means that sexual acts have no place there, and that they can bring not only a ban from the site but criminal consequences.
Municipalities and operators set the areas
Alongside these provisions there is a second level: the rules on site. The City of Munich, for example, writes on its naturism page that outside the designated areas "swimwear is generally required" and that permission to bathe nude does not override swimming bans or other safety rules; violations can be fined as a regulatory offence. According to a Berliner Zeitung report (23 June 2021), each municipality decides on its own which coastal beaches are designated, and separating mixed and nude areas is meant to reduce conflict. That fits what travellers experience: signage on site and information from the responsible body count for more than a list from the internet.
Practical tips for travellers and couples
The following points are editorial recommendations, not legal information:
- Use designated areas. If you want to bathe without clothes, choose zones that the city, municipality or operator names explicitly.
- Take signage seriously. Where an area ends, the freedom to go without clothes ends.
- Sexuality does not belong in public space. That applies anywhere.
- No photos of strangers. Privacy comes first.
- When in doubt, ask. The municipality, the operator or, in difficult cases, a lawyer.
- Stay calm. If an authority or staff member approaches you, follow the instruction calmly and clarify any dispute afterwards.
Frequently asked questions
Is being nude generally prohibited in Germany? The provisions examined here do not mention nudity as such; they attach to grossly improper, exhibitionist or sexual acts. How the authorities assess a situation depends on the individual case and the rules on site.
How high is the fine under § 118 OWiG? The statutory text states no amount; we give no figure.
Does § 183 StGB apply only to men? The wording of paragraph 1 begins with "A man"; we give no information on other questions of interpretation.
May I bathe nude in any lake? No; rely on designated areas and signage.
Where do I find the statutes? On gesetze-im-internet.de, the portal of the Federal Ministry of Justice and juris GmbH.
Sources (accessed 10 November 2026)
- § 118 OWiG: https://www.gesetze-im-internet.de/owig_1968/__118.html
- § 183 StGB: https://www.gesetze-im-internet.de/stgb/__183.html
- § 183a StGB: https://www.gesetze-im-internet.de/stgb/__183a.html
- City of Munich, naturism: https://www.muenchen.de/freizeit/fkk
- Berliner Zeitung, 23 June 2021, "Baden und Sitte": https://www.berliner-zeitung.de/article/166652
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