Has there been a ban wave lately for the 3ds?
Anyway unless you keep the thing offline or do all your modding on an offline NAND/restore a clean NAND every time then any mod risks a ban. Some are more risky than others. Same applies to the game mods themselves and most translation hacks or language tweaks will probably not care too much about being any kind of stealthy, though also may not inherently be as ban catching as some cheats and other such mods.
Generally though if you hack you risk a ban. I would ask though do you actually care about Nintendo's online?