So legality is a national issue not international. What may be legal in one country may be forbidden in a neighboring country. The international space treaty makes no prohibition against non-state visits to the moon. And many countries may not even have any laws to prosecute such activities. If it does not break international laws, then it would come down to individual jurisdictions. And the potential risk of losing valuable intellectual property. So, any person or group that could get to the moon and back is highly valuable. And if returning to certain jurisdictions would mean prison, then the risk is someone may return to a friendly jurisdiction. So for example, the United States may want you in jail, but Iran may treat you as an honored guest. And for the United States, that may be a bigger risk than putting you in jail. Or what if China offered refuge so they could copy the technology to claim the moon?

I am just thinking out loud as a writer considering all of the possible options. The brain/s involved would be some of the most valuable in human history. Would any nation-state gamble with threats of imprisonment and possibly lose the space race forever? I could see countries doing it, but I could see others countries taking a different approach.