SPECIAL PART

CHAPTER ONE
CRIMES AGAINST THE PEACE OF NATIONS; HIGH TREASON; ENDANGERING THE DEMOCRATIC STATE UNDER THE RULE OF LAW

FIRST TITLE
CRIMES AGAINST THE PEACE OF NATIONS

Section 80a
Incitement to a war of aggression

Whosoever publicly incites to a war of aggression (section 80) in a meeting or through the dissemination of written materials (section 11(3)) within the Federal Republic of Germany shall be liable to imprisonment from three months to five years.

SPECIAL PART

CHAPTER SIX
RESISTANCE AGAINST STATE AUTHORITY

Section 111
Public incitement to crime

(1) Whosoever publicly, in a meeting or through the dissemination of written materials (section 11(3)) incites the commission of an unlawful act, shall be held liable as an abettor (section 26).
(2) If the incitement is unsuccessful the penalty shall be imprisonment not exceeding five years or a fine. The penalty must not be more severe than if the incitement had been successful (subsection (1) above); section 49(1) No 2 shall apply.

SPECIAL PART

CHAPTER SEVEN
OFFENCES AGAINST PUBLIC ORDER

Section 130
Incitement to hatred

(1) Whosoever, in a manner capable of disturbing the public peace
1. incites hatred against a national, racial, religious group or a group defined by their ethnic origins, against segments of the population or individuals because of their belonging to one of the aforementioned groups or segments of the population or calls for violent or arbitrary measures against them; or
2. assaults the human dignity of others by insulting, maliciously maligning an aforementioined group, segments of the population or individuals because of their belonging to one of the aforementioned groups or segments of the population, or defaming segments of the population,
shall be liable to imprisonment from three months to five years.
(2) Whosoever
1. with respect to written materials (section 11(3)) which incite hatred against an aforementioned group, segments of the population or individuals because of their belonging to one of the aforementioned groups or segments of the population which call for violent or arbitrary measures against them, or which assault their human dignity by insulting, maliciously maligning or defaming them,
(a) disseminates such written materials;
(b) publicly displays, posts, presents, or otherwise makes them accessible;
(c) offers, supplies or makes them accessible to a person under eighteen years; or
(d) produces, obtains, supplies, stocks, offers, announces, commends, undertakes to import or export them, in order to use them or copies obtained from them within the meaning of Nos (a) to (c) or facilitate such use by another; or
2. disseminates a presentation of the content indicated in No 1 above by radio, media services, or telecommunication services
shall be liable to imprisonment not exceeding three years or a fine.
(3) Whosoever publicly or in a meeting approves of, denies or downplays an act committed under the rule of National Socialism of the kind indicated in section 6 (1) of the Code of International Criminal Law, in a manner capable of disturbing the public peace shall be liable to imprisonment not exceeding five years or a fine.
(4) Whosoever publicly or in a meeting disturbs the public peace in a manner that violates the dignity of the victims by approving of, glorifying, or justifying National Socialist rule of arbitrary force shall be liable to imprisonment not exceeding three years or a fine.
(5) Subsection (2) above shall also apply to written materials (section 11(3)) of a content such as is indicated in subsections (3) and (4) above.
(6) In cases under subsection (2) above, also in conjunction with subsection (5) above, and in cases of subsections (3) and (4) above, section 86(3) shall apply mutatis mutandis.