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Welcome to Germany, where we have Military installations designated as "Militärischer Sperrbezirk" (MSB), that are closed to the public. For example, a shooting range or training ground is such a MSB, as are many other installations or parts of bases. The fact that they are MSB means, that entering them is illegal as a Misdemeanor under OWiG § 114. But every MSB is, by virtue of being a military installation, also automatically surrounded by 100 meters of No-Fly-Zone for drones based on LuftVO §21h. Atop that, StGB § 109G bans photography of military installations, and that is just the tip of the iceberg...

Now, Hapless Alice is traveling the countryside and stops with her Van at the Steinhuder Meer, a lake close to Hannover. Letting her drone with camera fly, she ends up flying it over one of the runways of the Wunstorf Military Air Base, filming the travel and some planes that are taxiing. However, Alice is unlucky and as she gathers her drone, she is greeted by a few friendly Military policemen, who take her drone, her cellphone, and her into custody.

What is the maximum punishment Alice can get jailed for?

Kai Burghardt
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Trish
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1 Answers1

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What is the maximum punishment Alice can get jailed for?

Probably no jail term at all.

An 'Accidental intrusion into military airspace' would not be considered a fullment of the major condition defined in §109g (1 and 2) StGB: 'thereby knowingly endangers the security of the Federal Republic of Germany', which is the only law listed in the question that contains a possible jail sentence.

Note: this answer will not deal with the 'and that is just the tip of the iceberg...' part of the question, since it is only speculation. An answer (just as a public prosecutor would) can only deal with known facts.

  • §114 OWiG
    • may possibly be sanctioned by a fine
      • no jail term possible
  • §21h LuftVO
    • can be fined up to €50000
      • no jail term possible
  • §109g StGB
    • a penalty of imprisonment for a term not exceeding 2 (number 2) or 5 (number 1) years or a fine.
      • a jail term (or fine) is possible if all conditions are fulfilled, the major condition being:
        • and thereby knowingly endangers the security of the Federal Republic of Germany

It would be for a judge to deside whether Hapless Alice action was so severe to warrant a jail term instead of a fine.

Of course the possiblity exists that the public prosecutor came to the conclusion that Hapless Alice simply forgot to turn her brain on before driving through the countryside. But that would be more of a matter that the StVG or StVO deals with.

Sources:

Mark Johnson
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