PART 2Prevention, investigation and prosecution of crime
CHAPTER 4Other provisions
Sexual offences
48Voyeurism: 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.