Americans should be aware that verbal insults and
offensive gestures are punishable under German law to a much greater extent than in the
United States. What an American may consider mere name-calling or a harmless, albeit
rude, gesture to another motorist may lead to civil lawsuit or even criminal prosecution in
Germany.

German law applies to Americans residing in Germany, regardless of whether
they are members of the United States forces. American soldiers, civilian employees of
the U.S. government, contractors, and members of their families do not necessarily enjoy
immunity from prosecution under German law.

Insult, defined by the German Supreme Court as “intentionally attacking the
honor of another person by communicating disrespect,” is punishable by a fine and up to
two years in prison under Section 185 of the German Criminal Code. But what is an
actionable insult under German law? Racial epithets, profane or obscene name-calling,
and certain well-known physical gestures are all prohibited. Furthermore, some insulting
statements are punishable even when true.

For example, an exasperated American driver who overtakes a slower motorist
and who taps his forehead in derision as he passes has violated German law. Not only is
he subject to punishment for the insulting behavior, he may also have points assessed
against his USAREUR driver’s license or even suffer suspension of his license

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