(1) Whosoever

1.  engages in activity for a foreign power which is directed towards the acquisition or communication of state secrets; or

2.  declares to a foreign power or one of its intermediaries his willingness to engage in such activity, shall be liable to imprisonment not exceeding five years or a fine unless the offence is punishable pursuant to section 94 or section 96(1). In especially serious cases the penalty shall be imprisonment from one to ten years; section 94(2) 2nd sentence No 1 shall apply mutatis mutandis.

(2) The court in its discretion may mitigate the sentence (section 49(2)) or order a discharge under these provisions if the offender voluntarily gives up his activity and discloses his knowledge to a government authority. If the offender in cases under subsection (2) 1st sentence above has been forced into the activity by the foreign power or its intermediaries, he shall not be liable under this provision if he voluntarily gives up his activity and discloses his knowledge to a government authority without unnecessary delay.