The free library142 of 195 Sexual offences

Voyeurism: upskirting

s.67ASexual Offences Act 2003

Operating equipment, or recording an image, beneath another person's clothing to see their genitals, buttocks or underwear, without consent, for sexual gratification or to humiliate, alarm or distress them.

Voyeurism: upskirting · Sexual Offences Act 2003, s.67ACard 142 / 195

Points to prove

s.67A(1)Operated equipment beneath the clothing of another person (B)
s.67A(1)Intending to enable A or another person (C) to observe B's genitals or buttocks (exposed or covered with underwear), or the underwear covering them, where they would not otherwise be visible
s.67A(2)Recorded an image beneath B's clothing of B's genitals or buttocks (exposed or covered with underwear), or the underwear covering them, where they would not otherwise be visible
s.67A(2)Intending that A or C will look at the image
BothFor the purpose of sexual gratification (of A or C), or of humiliating, alarming or distressing B
BothWithout B's consent, and without reasonably believing that B consents

Key definitions

Purposes – s.67A(3): obtaining sexual gratification (for A or C), or humiliating, alarming or distressing B. Either is enough.
Operating equipment – s.68(1A): includes enabling or securing its activation by another person without that person’s knowledge.
Image – s.79(4): a moving or still image produced by any means.
Not otherwise visible – the offence protects what B’s clothing would normally hide. It does not depend on B being in a private place.

Good to know

In force from 12 April 2019 (Voyeurism (Offences) Act 2019). Unlike s.67, no “private act” is needed, so it covers upskirting in shops, on public transport and in other public places.
Operating equipment or recording an image of someone breastfeeding, without consent and for the same purposes, are offences under s.67A(2A) and (2B), in force from 28 June 2022. It does not matter whether B is in public or whether the breasts are exposed.
Notification requirements (Sch. 3, para. 34A) apply only where the purpose was sexual gratification and, for an adult offender, the victim was under 18 or the offender receives imprisonment, a hospital order or a community sentence of at least 12 months. For an offender under 18, a sentence of at least 12 months’ imprisonment is needed.
Not yet in force: Sch. 13 to the Crime and Policing Act 2026 omits s.67A(2), applies the s.76 conclusive presumptions to s.67A(2B) (new s.67A(3C)), and inserts new offences of taking or recording an intimate photograph or film (s.66AB). As at November 2026 these provisions have not been commenced, so s.67A(2) remains in force.

Legislation: Sexual Offences Act 2003, s.67A (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 2 years' imprisonment (on indictment); 12 months' imprisonment and/or a fine (summary)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Voyeurism: upskirting: questions people ask

What are the points to prove for voyeurism: upskirting?

1. Operated equipment beneath the clothing of another person (B) 2. Intending to enable A or another person (C) to observe B's genitals or buttocks (exposed or covered with underwear), or the underwear covering them, where they would not otherwise be visible 3. Recorded an image beneath B's clothing of B's genitals or buttocks (exposed or covered with underwear), or the underwear covering them, where they would not otherwise be visible 4. Intending that A or C will look at the image 5. For the purpose of sexual gratification (of A or C), or of humiliating, alarming or distressing B 6. Without B's consent, and without reasonably believing that B consents

What is the maximum sentence for voyeurism: upskirting?

2 years' imprisonment (on indictment); 12 months' imprisonment and/or a fine (summary)

Is voyeurism: upskirting a summary, either-way or indictable offence?

Voyeurism: upskirting is an either-way offence: it can be tried in the magistrates’ court or the Crown Court.

What Act and section is voyeurism: upskirting?

Voyeurism: upskirting is an offence under the Sexual Offences Act 2003, s.67A.

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