Sexual Offences Act 2003

[F1 67A Voyeurism: additional offences E+W

(1) A person (A) commits an offence if—

(a) A operates equipment beneath the clothing of another person (B),

(b) A does so with the intention of enabling A or another person (C), for a purpose mentioned in subsection (3), to observe—

(i) B's genitals or buttocks (whether exposed or covered with underwear), or

(ii) the underwear covering B's genitals or buttocks,

in circumstances where the genitals, buttocks or underwear would not otherwise be visible, and

(c) A does so—

(i) without B's consent, and

(ii) without reasonably believing that B consents.

(2) A person (A) commits an offence if—

(a) A records an image beneath the clothing of another person (B),

(b) the image is of—

(i) B's genitals or buttocks (whether exposed or covered with underwear), or

(ii) the underwear covering B's genitals or buttocks,

in circumstances where the genitals, buttocks or underwear would not otherwise be visible,

(c) A does so with the intention that A or another person (C) will look at the image for a purpose mentioned in subsection (3), and

(d) A does so—

(i) without B's consent, and

(ii) without reasonably believing that B consents.

[F2 (2A) A person (A) commits an offence if—

(a) A operates equipment,

(b) A does so with the intention of enabling A or another person (C), for a purpose mentioned in subsection (3), to observe another (B) while B is breast-feeding a child, and

(c) A does so—

(i) without B’s consent, and

(ii) without reasonably believing that B consents.

(2B) A person (A) commits an offence if—

(a) A records an image of another (B) while B is breast-feeding a child,

(b) A does so with the intention that A or another person (C) will look at the image for a purpose mentioned in subsection (3), and

(c) A does so—

(i) without B’s consent, and

(ii) without reasonably believing that B consents.]

(3) The purposes referred to in subsections (1) [F3 to (2B)] are—

(a) obtaining sexual gratification (whether for A or C);

(b) humiliating, alarming or distressing B.

[F4 (3A) In this section a reference to B breast-feeding a child includes B re-arranging B’s clothing—

(a) in the course of preparing to breast-feed the child, or

(b) having just finished breast-feeding the child.

(3B) It is irrelevant for the purposes of subsections (2A) and (2B)—

(a) whether or not B is in a public place while B is breast-feeding the child,

(b) whether or not B’s breasts are exposed while B is breast-feeding the child, and

(c) what part of B’s body—

(i) is, or is intended by A to be, visible in the recorded image, or

(ii) is intended by A to be observed.]

(4) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding [F5 the general limit in a magistrates’ court], or to a fine, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.

(5) In relation to an offence committed before [F6 2 May 2022], the reference in subsection (4)(a) to [F7 the general limit in a magistrates’ court] is to be read as a reference to 6 months.]

Textual Amendments

F1 S. 67A inserted (12.4.2019) by Voyeurism (Offences) Act 2019 (c. 2), ss. 1(2), 2(2)

F2 S. 67A(2A)(2B) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 48(2), 208(1); S.I. 2022/520, reg. 5(e)

F3 Words in s. 67A(3) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 48(3), 208(1); S.I. 2022/520, reg. 5(e)

F4 S. 67A(3A)(3B) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 48(4), 208(1); S.I. 2022/520, reg. 5(e)

F5 Words in s. 67A(4)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1

F6 Words in s. 67A(5) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1

F7 Words in s. 67A(5) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1