(1) Whosoever

1.  engages in intelligence activity for the intelligence service of a foreign power against the Federal Republic of Germany which is directed toward communication or supply of facts, objects or knowledge; or

2.  declares to the intelligence service of 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 under section 94, section 96(1), section 97a, or section 97b in conjunction with section 94 or section 96(1).

(2) In especially serious cases the penalty shall be imprisonment from one to ten years. An especially serious case typically occurs if the offender communicates or supplies facts, objects or knowledge which have been kept secret by an official agency or at its behest, and he

1.  abuses a position of responsibility which especially mandates him to safeguard such secrets; or

2.  through the offence creates the danger of serious prejudice to the Federal Republic of Germany.

(3) Section 98(2) shall apply mutatis mutandis.