Police, Crime, Sentencing and Courts Act 2022

48 Voyeurism: breast-feeding

(1) Section 67A of the Sexual Offences Act 2003 (voyeurism: additional offences) is amended as follows.

(2) After subsection (2) insert—

“(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) In subsection (3), for “and (2)” substitute “to (2B)”.

(4) After subsection (3) insert—

“(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.”