The free library94 of 85 Sexual offences

Voyeurism

s.67Sexual Offences Act 2003

Watching, recording or enabling others to watch a person doing a private act, for sexual gratification and knowing they do not consent, or installing equipment to do so.

Voyeurism · Sexual Offences Act 2003, s.67Card 94 / 85

Points to prove

s.67(1)For the purpose of obtaining sexual gratification, observed another person doing a private act, knowing that they did not consent to being observed for that purpose
s.67(2)Operated equipment intending to enable another person to observe, for sexual gratification, a third person (B) doing a private act, knowing that B did not consent to the equipment being operated with that intention
s.67(3)Recorded another person (B) doing a private act, intending that they or a third person would look at an image of B doing the act for sexual gratification, knowing that B did not consent to the recording with that intention
s.67(4)Installed equipment, or constructed or adapted a structure or part of a structure, intending to enable themselves or another to commit an offence under s.67(1)

Key definitions

Private act – s.68(1): the person is in a place which, in the circumstances, would reasonably be expected to provide privacy, and (a) their genitals, buttocks or breasts are exposed or covered only with underwear, (b) they are using a lavatory, or (c) they are doing a sexual act not of a kind ordinarily done in public.
Operating equipment – s.68(1A): includes enabling or securing its activation by another person without that person’s knowledge.
Structure – s.68(2): includes a tent, vehicle or vessel or other temporary or movable structure.
Observation – s.79(7): direct observation or by looking at an image.
Image – s.79(4): a moving or still image, produced by any means.

Good to know

Each of s.67(1) to (3) needs knowledge that the person does not consent. Suspicion or recklessness is not enough.
For s.67(4), the s.67(1) offence does not have to be committed. Installing the equipment with the required intention is enough.
“Breasts” in s.68(1)(a) does not include a man’s chest (R v Bassett 2008).
Operating equipment or recording beneath someone’s clothing (upskirting), and observing or recording someone breastfeeding, are separate offences under s.67A. These need no “private act” and can be done for sexual gratification or to humiliate, alarm or distress. The summary maximum is 12 months (the general limit for either-way offences).

Legislation: Sexual Offences Act 2003, s.67 (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)