Part 4Children
Young children
26Voyeurism towards a young child
1
If a person (“A”) does any of the things mentioned in subsections (2) to (5) in relation to a child (“B”) who has not attained the age of 13 years, then A commits an offence, to be known as the offence of voyeurism towards a young child.
2
The first thing is that A, for a purpose mentioned in subsection (6), observes B doing a private act.
3
The second thing is that A operates equipment with the intention of enabling A or another person (“C”), for a purpose mentioned in subsection (7), to observe B doing a private act.
4
The third thing is that A records B doing a private act with the intention that A or another person (“C”), for a purpose mentioned in subsection (7), will look at an image of B doing the act.
F14A
The fourth thing is that A operates equipment beneath B's clothing with the intention of enabling A or another person (“C”), for a purpose mentioned in subsection (7), to observe—
a
B's genitals or buttocks (whether exposed or covered with underwear), or
b
the underwear covering B's genitals or buttocks,
in circumstances where the genitals, buttocks or underwear would not otherwise be visible.
4B
The fifth thing is that A records an image beneath B's clothing of—
a
B's genitals or buttocks (whether exposed or covered with underwear), or
b
the underwear covering B's genitals or buttocks,
in circumstances where the genitals, buttocks or underwear would not otherwise be visible, with the intention that A or another person (“C”), for a purpose mentioned in subsection (7), will look at the image.
5
The F2sixth thing is that A—
a
installs equipment, or
F3b
constructs or adapts a structure or part of a structure, with the intention of enabling A or another person to do an act referred to in subsection (2), (3), (4), (4A) or (4B).
6
The purposes referred to in subsection (2) are—
a
obtaining sexual gratification,
b
humiliating, distressing or alarming B.
7
The purposes referred to in subsections (3) F4, (4), (4A) and (4B) are—
a
obtaining sexual gratification (whether for A or C),
b
humiliating, distressing or alarming B.