(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.
(3)The purposes referred to in subsections (1) and (2) are—
(a)obtaining sexual gratification (whether for A or C);
(b)humiliating, alarming or distressing B.
(4)A person guilty of an offence under this section is liable—
(a)on summary conviction, to imprisonment for a term not exceeding 12 months, 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 [F22 May 2022], the reference in subsection (4)(a) to 12 months is to be read as a reference to 6 months.]
Textual Amendments
F1S. 67A inserted (12.4.2019) by Voyeurism (Offences) Act 2019 (c. 2), ss. 1(2), 2(2)
F2Words 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