Observe Criminal Regulations

If you are taken into police custody due to suspicion of a criminal offense, you can expect a procedure that differs significantly in some aspects from that in Germany. The criminal prosecution measures and penalties of the US legal system are in part considerably harsher than in the Federal Republic of Germany.

In case of an arrest, according to Article 36 of the Vienna Convention on Consular Relations, one has the right to demand that the responsible German foreign mission be informed. One should insist on this. The German foreign missions can then provide consular support. However, they do not have executive powers over American authorities, so they cannot, for example, order release. They also cannot take over the defense, but they can, if necessary, assist in finding a suitable lawyer. The following points are particularly emphasized:

Even the possession of the smallest amounts of intoxicants, even if they are substances or quantities that might not be criminally prosecuted in Germany, invariably results in a lifelong entry ban and can lead to lengthy prison sentences. In addition, there are very high customs demands, quickly exceeding hundreds of thousands of USD. Strict controls are carried out even upon entry into the USA (even if it’s “just” a transit, i.e., changing planes at the airport).

No work may be accepted, not even to earn travel pocket money, unless you have a work permit. Illegal employment can lead to prison sentences and deportation. Also, one should not stay in the USA longer than allowed by the entry card affixed to the passport.

Drinking alcohol in public is prohibited almost everywhere. Even visibly carrying alcoholic beverages is usually punishable. This also applies to national parks and similar places. Alcohol must not be given to those under 21. Often, even well over 30, you still have to present ID and prove that you are already 21 years old.

In the USA, smoking bans are more frequently imposed than in Germany. It is therefore recommended to strictly adhere to smoking bans, as fines may also be imposed here.

Even though laws in individual states have become rare that generally punish nudity as “indecent exposure” (unsittliche Entblößung), it should be noted that nude bathing and even changing clothes on the beach can be viewed as causing public offense and can therefore lead to inconveniences.

Nude bathing is only permitted or at least tolerated on a few beaches. At all other beaches, nude bathing should be avoided – preferably even for small children. The same applies to “topless” bathing – not only for adult women but also for little girls.

Child pornography and abuse are strictly prosecuted and punished in the USA. Even minor suspicions are forwarded to the responsible authorities by a vigilant population. Therefore, photographing not fully clothed children (even your own, for example in the garden or bathtub) should be avoided.

The boundaries between harmless family photos and punishable “sexually suggestive” photos are fluid in the eyes of investigating officers. A report (by neighbors or a photo shop tasked with film development) can lead to lengthy investigations and, in the worst case, even prison sentences.

Sexual acts with minors – even with mutual consent – are punishable by long prison terms in many cases. The age limit below which no effective consent to sexual acts can be given varies depending on the state. This can lead to situations where, for example, an 18-year-old with a 17-year-old girlfriend or a 16-year-old with a 15-year-old girlfriend is convicted as a sex offender.

While breastfeeding babies in public is now exempt from “indecent exposure” criminal provisions in probably all states, it should be avoided at least in restaurants and bars or in less “liberal” areas.

In the USA, leaving children unattended at certain age levels can be punishable and prosecuted. Tourists who want to leave their children alone briefly in the hotel or car should be aware of this – even though only a few states set fixed age limits in this regard. For example, in Maryland, leaving children under 8 alone is punishable, or in Illinois, children under 14 may not be left alone for “unreasonably long” periods of time.

In all other states, local guidelines usually apply, where the minimum age for unsupervised children generally ranges between 12 to 13 years and also depends on the duration of being alone. As a general rule, children under 8 should never be left unsupervised, and children under 12 or 13 should only be left unsupervised for very short periods.

In many US states, it is a criminal offense to engage in sexual activities with prostitutes. Even approaching a prostitute can be punishable. In the USA, repeatedly following or harassing another person, called “stalking”, is a criminal offense.

If you receive a so-called ticket (fine) for incorrect parking, speeding, or similar offenses, the rule is without ifs and buts: Pay! In individual cases, there may otherwise be inconveniences during future entries or stays. US authorities are responsible for providing information. One should contact the office that issued the ticket directly.

This also applies if you have already left the USA without paying. German diplomatic missions in the USA have no means to assist in these cases. American police officers expect drivers they signal to stop to remain seated in the vehicle, roll down the window, and place both hands visibly on the steering wheel. Getting out of the car, etc., is perceived as a threat and may be met with self-defense measures.

Source: Federal Foreign Office