Sexual Offences Act 2003

Other offences E+W

66 Exposure E+W

[F1 (1) A person commits an offence if—

(a) he intentionally exposes his genitals, and

(b) he intends that someone will see them and be caused alarm or distress.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.]

Textual Amendments

F1 Ss. 66-72 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(e), Sch. 3 (with Sch. 2 para. 1) S.R. 2008/510, art. 2

[F2 66A Sending etc photograph or film of genitals E+W

(1) A person (A) who intentionally sends or gives a photograph or film of any person’s genitals to another person (B) commits an offence if—

(a) A intends that B will see the genitals and be caused alarm, distress or humiliation, or

(b) A sends or gives such a photograph or film for the purpose of obtaining sexual gratification and is reckless as to whether B will be caused alarm, distress or humiliation.

(2) References to sending or giving such a photograph or film to another person include, in particular—

(a) sending it to another person by any means, electronically or otherwise,

(b) showing it to another person, and

(c) placing it for a particular person to find.

(3) “Photograph” includes the negative as well as the positive version.

(4) “Film” means a moving image.

(5) References to a photograph or film also include—

(a) an image, whether made or altered by computer graphics or in any other way, which appears to be a photograph or film,

(b) a copy of a photograph, film or image within paragraph (a), and

(c) data stored by any means which is capable of conversion into a photograph, film or image within paragraph (a).

(6) A person who commits an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding two years.]

Textual Amendments

F2 S. 66A inserted (31.1.2024) by Online Safety Act 2023 (c. 50), ss. 187, 240(1); S.I. 2024/31, reg. 2

[F3 66B Sharing or threatening to share intimate photograph or film E+W

(1) A person (A) commits an offence if—

(a) A intentionally shares a photograph or film which shows, or appears to show, another person (B) in an intimate state,

(b) B does not consent to the sharing of the photograph or film, and

(c) A does not reasonably believe that B consents.

(2) A person (A) commits an offence if—

(a) A intentionally shares a photograph or film which shows, or appears to show, another person (B) in an intimate state,

(b) A does so with the intention of causing B alarm, distress or humiliation, and

(c) B does not consent to the sharing of the photograph or film.

(3) A person (A) commits an offence if—

(a) A intentionally shares a photograph or film which shows, or appears to show, another person (B) in an intimate state,

(b) A does so for the purpose of A or another person obtaining sexual gratification,

(c) B does not consent to the sharing of the photograph or film, and

(d) A does not reasonably believe that B consents.

(4) A person (A) commits an offence if—

(a) A threatens to share a photograph or film which shows, or appears to show, another person (B) in an intimate state, and

(b) A does so—

(i) with the intention that B or another person who knows B will fear that the threat will be carried out, or

(ii) being reckless as to whether B or another person who knows B will fear that the threat will be carried out.

(5) Subsections (1) to (4) are subject to section 66C (exemptions).

(6) For the purposes of subsections (1) to (3) and section 66C(3)(b)—

(a) “consent” to the sharing of a photograph or film includes general consent covering the particular act of sharing as well as specific consent to the particular act of sharing, and

(b) whether a belief is reasonable is to be determined having regard to all the circumstances including any steps A has taken to ascertain whether B consents.

(7) Where a person is charged with an offence under subsection (4), it is not necessary for the prosecution to prove—

(a) that the photograph or film mentioned in the threat exists, or

(b) if it does exist, that it is in fact a photograph or film which shows or appears to show a person in an intimate state.

(8) It is a defence for a person charged with an offence under subsection (1) to prove that the person had a reasonable excuse for sharing the photograph or film.

(9) A person who commits an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both).

(10) A person who commits an offence under subsection (2), (3) or (4) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.

(11) In subsection (9) “the maximum term for summary offences” means—

(a) if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, six months;

(b) if the offence is committed after that time, 51 weeks.

(12) If on the trial of a person charged with an offence under subsection (2) or (3) a magistrates’ court or jury finds the person not guilty of the offence charged, the magistrates’ court or jury may find the person guilty of an offence under subsection (1).

(13) The Crown Court has the same powers and duties in relation to a person who is by virtue of subsection (12) convicted before it of an offence under subsection (1) as a magistrates’ court would have on convicting the person of the offence.

Textual Amendments

F3 Ss. 66B-66D inserted (31.1.2024) by Online Safety Act 2023 (c. 50), ss. 188, 240(1); S.I. 2024/31, reg. 2

66C Sharing or threatening to share intimate photograph or film: exemptions E+W

(1) A person (A) who shares a photograph or film which shows, or appears to show, another person (B) in an intimate state does not commit an offence under section 66B(1), (2) or (3) if—

(a) the photograph or film was taken in a place to which the public or a section of the public had or were permitted to have access (whether on payment or otherwise),

(b) B had no reasonable expectation of privacy from the photograph or film being taken, and

(c) B was, or A reasonably believes that B was, in the intimate state voluntarily.

(2) For the purposes of subsection (1)(b), whether a person had a reasonable expectation of privacy from a photograph or film being taken is to be determined by reference to the circumstances that the person sharing the photograph or film reasonably believes to have existed at the time the photograph or film was taken.

(3) A person (A) who shares a photograph or film which shows, or appears to show, another person (B) in an intimate state does not commit an offence under section 66B(1), (2) or (3) if—

(a) the photograph or film had, or A reasonably believes that the photograph or film had, been previously publicly shared, and

(b) B had, or A reasonably believes that B had, consented to the previous sharing.

(4) A person (A) who shares a photograph or film which shows, or appears to show, another person (B) in an intimate state does not commit an offence under section 66B(1) if—

(a) B is a person under 16,

(b) B lacks, or A reasonably believes that B lacks, capacity to consent to the sharing of the photograph or film, and

(c) the photograph or film is shared—

(i) with a healthcare professional acting in that capacity, or

(ii) otherwise in connection with the care or treatment of B by a healthcare professional.

(5) A person who shares a photograph or film which shows, or appears to show, a child in an intimate state does not commit an offence under section 66B(1) if the photograph or film is of a kind ordinarily shared between family and friends.

(6) A person who threatens to share a photograph or film which shows, or appears to show, another person in an intimate state does not commit an offence under section 66B(4) if, by reason of this section, the person would not commit an offence under section 66B(1), (2) or (3) by sharing the photograph or film in the circumstances conveyed by the threat.

Textual Amendments

F3 Ss. 66B-66D inserted (31.1.2024) by Online Safety Act 2023 (c. 50), ss. 188, 240(1); S.I. 2024/31, reg. 2

66D Sharing or threatening to share intimate photograph or film: interpretation E+W

(1) This section applies for the purposes of sections 66B and 66C.

(2) A person “shares” something if the person, by any means, gives or shows it to another person or makes it available to another person.

(3) But a provider of an internet service by means of which a photograph or film is shared is not to be regarded as a person who shares it.

(4) “Photograph” and “film” have the same meaning as in section 66A (see subsections (3) to (5) of that section).

(5) Except where a photograph or film falls within subsection (8), a photograph or film shows, or appears to show, another person in an intimate state if it shows or appears to show—

(a) the person participating or engaging in an act which a reasonable person would consider to be a sexual act,

(b) the person doing a thing which a reasonable person would consider to be sexual,

(c) all or part of the person’s exposed genitals, buttocks or breasts,

(d) the person in an act of urination or defecation, or

(e) the person carrying out an act of personal care associated with the person’s urination, defecation or genital or anal discharge.

(6) For the purposes of subsection (5)(c) the reference to all or part of a person’s “exposed” genitals, buttocks or breasts includes—

(a) a reference to all or part of the person’s genitals, buttocks or breasts visible through wet or otherwise transparent clothing,

(b) the case where all or part of the person’s genitals, buttocks or breasts would be exposed but for the fact that they are covered only with underwear, and

(c) the case where all or part of the person’s genitals, buttocks or breasts would be exposed but for the fact that they are obscured, provided that the area obscured is similar to or smaller than an area that would typically be covered by underwear worn to cover a person’s genitals, buttocks or breasts (as the case may be).

(7) In subsection (6)(c) “obscured” means obscured by any means, other than by clothing that a person is wearing, including, in particular, by an object, by part of a person’s body or by digital alteration.

(8) A photograph or film falls within this subsection if (so far as it shows or appears to show a person in an intimate state) it shows or appears to show something, other than breastfeeding, that is of a kind ordinarily seen in public.

(9) For the purposes of subsection (8) “breastfeeding” includes the rearranging of clothing in the course of preparing to breastfeed or having just finished breastfeeding.]

Textual Amendments

F3 Ss. 66B-66D inserted (31.1.2024) by Online Safety Act 2023 (c. 50), ss. 188, 240(1); S.I. 2024/31, reg. 2

[F4 66E Creating purported intimate image of adult E+W

(1) A person (A) commits an offence if—

(a) A intentionally creates a purported intimate image of another person (B),

(b) B does not consent to the creation of the purported intimate image, and

(c) A does not reasonably believe that B consents.

(2) “Purported intimate image” of a person means an image which—

(a) appears to be, or to include, a photograph or film of the person (but is not, or is not only, a photograph or film of the person),

(b) appears to be of an adult, and

(c) appears to show the person in an intimate state.

(3) Subsections (5) to (9) of section 66D (person in an intimate state) apply for the purposes of this section as if references in those subsections to a photograph or film were references to an image.

(4) References in this section to creating a purported intimate image of a person do not include doing so by modifying a photograph or film of the person where what is created by the modification is an image which—

(a) appears to show the person, but

(b) does not appear to show—

(i) something within section 66D(5)(a) to (e) (read with subsections (6) and (7) of that section) which is not shown in the photograph or film, or

(ii) a person who is not shown in the photograph or film.

(5) It is a defence for a person charged with an offence under this section to prove that the person had a reasonable excuse for creating the purported intimate image.

(6) A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both).

(7) The Secretary of State must—

(a) review the operation of subsection (5),

(b) publish the outcome of the review in a report before the end of the period of two years beginning with the day on which this section comes into force, and

(c) lay the report before Parliament.

Textual Amendments

F4 Ss. 66E-66H inserted (6.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 138(2), 142(1); S.I. 2026/31, reg. 2

66F Requesting the creation of purported intimate image of adult E+W

(1) A person (A) commits an offence if—

(a) A intentionally requests the creation of a purported intimate image of another person (B) (either in general or specific terms),

(b) B does not consent to A requesting the creation of the purported intimate image, and

(c) A does not reasonably believe that B consents.

(2) A person (A) commits an offence if—

(a) A intentionally requests that, if a purported intimate image of another person (B) is created, it includes or excludes something in particular (whether relating to B’s appearance, the intimate state in which B is shown or anything else),

(b) B does not consent to A requesting the inclusion or exclusion of that thing, and

(c) A does not reasonably believe that B consents.

(3) References in this section to making a request (however expressed) include doing an act which could reasonably be taken to be a request (such as, for example, indicating agreement in response to an offer or complying with conditions of an offer).

(4) References in this section to making a request (however expressed) are references to—

(a) making a request directed to a particular person or persons, or

(b) making a request so that it is available to one or more persons (or people generally), without directing it to a particular person or persons.

(5) References in this section to consent to a person requesting something are—

(a) in a case described in subsection (4)(a), references to consent to a request being made that is directed to the particular person or persons, and

(b) in a case described in subsection (4)(b), references to consent to a request being made so that it is available to the person or persons (or people generally), as appropriate.

(6) An offence under this section is committed—

(a) regardless of whether the purported intimate image is created,

(b) regardless of whether the purported intimate image, or the particular thing to be included in or excluded from such an image, is also requested by another person, and

(c) regardless of where in the world the person or persons mentioned in subsection (4)(a)and (b) is or are located.

(7) It is a defence for a person charged with an offence under this section to prove that the person had a reasonable excuse for making the request.

(8) A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both).

(9) In this section, references to a purported intimate image, to creating such an image and to a person shown in an intimate state have the same meaning as in section 66E.

(10) The Secretary of State must—

(a) review the operation of subsection (7),

(b) publish the outcome of the review in a report before the end of the period of two years beginning with the day on which this section comes into force, and

(c) lay the report before Parliament.

Textual Amendments

F4 Ss. 66E-66H inserted (6.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 138(2), 142(1); S.I. 2026/31, reg. 2

66G Creating, or requesting the creation of, purported intimate image of adult: further definitions etc E+W

(1) This section applies for the purposes of sections 66E and 66F.

(2) “Consent” to an act includes general consent covering the particular act as well as specific consent to that particular act (and see also section 66F(5)).

(3) Whether a belief is “reasonable” is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.

(4) “Photograph” includes the negative as well as the positive version.

(5) “Film” means a moving image.

(6) A reference to an “image”, “photograph” or “film” includes data stored by any means which is capable of conversion into an image, photograph or film.

(7) An image of a person appears to be an image of an adult if—

(a) the impression conveyed by the image is that the person shown is aged 18 or over, or

(b) the predominant impression conveyed by the image is that the person shown is aged 18 or over (even if some of the physical characteristics shown are those of a person under 18).

(8) The “maximum term for summary offences” means—

(a) if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, six months;

(b) if the offence is committed after that time, 51 weeks.

Textual Amendments

F4 Ss. 66E-66H inserted (6.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 138(2), 142(1); S.I. 2026/31, reg. 2

66H Creating, or requesting the creation of, purported intimate image of adult: time limit for prosecution E+W

(1) Notwithstanding section 127(1) of the Magistrates’ Courts Act 1980, a magistrates’ court may try an information or written charge relating to an offence under section 66E or 66F if the information is laid or the charge is issued—

(a) before the end of the period of 3 years beginning with the day on which the offence was committed, and

(b) before the end of the period of 6 months beginning with the day on which evidence which the prosecutor thinks is sufficient to justify a prosecution comes to the prosecutor’s knowledge.

(2) A certificate signed by or on behalf of a prosecutor stating the date on which evidence described in subsection (1)(b) came to the prosecutor’s knowledge is conclusive evidence of that fact.]

Textual Amendments

F4 Ss. 66E-66H inserted (6.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 138(2), 142(1); S.I. 2026/31, reg. 2

[F5 66I Making or supplying purported intimate image generators E+W

(1) A person commits an offence if the person—

(a) makes or adapts a thing, or

(b) supplies or offers to supply a thing,

for use as a generator of purported intimate images.

(2) A “generator of purported intimate images” is a thing for creating, or facilitating the creation of, purported intimate images of a person.

(3) A person makes, adapts, supplies, or offers to supply a thing for use as a generator of purported intimate images if a reasonable person (having regard to all the circumstances) would consider that they do so.

(4) It is a defence for a person charged with an offence under this section to prove that they took all reasonable steps to prevent the thing being used for creating, or facilitating the creation of, purported intimate images of a person without the person’s consent.

(5) A person who commits an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding 3 years or a fine (or both).

(6) Section 72(1) applies in relation to an act which, if done in England and Wales, would constitute an offence under this section as if references to a United Kingdom national included—

(a) a body incorporated under the law of any part of the United Kingdom, or

(b) an unincorporated association formed under the law of any part of the United Kingdom.

(7) In this section—

• “purported intimate image” of a person, and references to creating a purported intimate image of a person, have the same meaning as in section 66E;

• “thing” includes a program, information in electronic form and a service.

Textual Amendments

F5 Ss. 66I-66L inserted (29.6.2026) by Crime and Policing Act 2026 (c. 20), ss. 99(2), 255(1); S.I. 2026/689, reg. 2(1)(i)

66J Section 66I: further defences E+W

(1) It is a defence for a person charged with an offence under section 66I to prove that the person did the act which constituted the offence for the purposes of the prevention, detection or investigation of crime, or for the purposes of criminal proceedings, in any part of the world.

(2) It is a defence for a person charged with an offence under section 66I to prove that the person—

(a) was a member of the Security Service, the Secret Intelligence Service or GCHQ (a “security body”), and

(b) did the act which constituted the offence for the purposes of the exercise of any function of the security body.

(3) “GCHQ” has the meaning given by section 3 of the Intelligence Services Act 1994.

(4) It is a defence for a person charged with an offence under section 66I to prove that the person—

(a) was a member of OFCOM, was employed or engaged by OFCOM, or assisted OFCOM in the exercise of any of its online safety functions, and

(b) did the act which constituted the offence for the purposes of OFCOM’s exercise of any of its online safety functions.

(5) In subsection (4)—

(a) “OFCOM” means the Office of Communications;

(b) a reference to OFCOM’s “online safety functions” has the meaning given by section 235 of the Online Safety Act 2023.

Textual Amendments

F5 Ss. 66I-66L inserted (29.6.2026) by Crime and Policing Act 2026 (c. 20), ss. 99(2), 255(1); S.I. 2026/689, reg. 2(1)(i)

66K Section 66I: application to internet service providers E+W

(1) An internet service provider does not commit an offence under section 66I by—

(a) providing access to a communication network, or

(b) transmitting, in a communication network, information provided by a user, if the provider does not—

(i) initiate the transmission,

(ii) select the recipient of the transmission, or

(iii) select or modify the information contained in the transmission.

(2) The references in subsection (1) to providing access to, or transmitting information in, a communication network include storing the information transmitted so far as the storage—

(a) is automatic, intermediate and transient,

(b) is solely for the purpose of carrying out the transmission in the network, and

(c) is for no longer than is reasonably necessary for the transmission.

(3) An internet service provider does not commit an offence under section 66I by storing information provided by a user for transmission in a communication network if—

(a) the storage of the information—

(i) is automatic, intermediate and temporary, and

(ii) is solely for the purpose of making more efficient the onward transmission of the information to other users at their request, and

(b) the internet service provider—

(i) does not modify the information,

(ii) complies with any conditions attached to having access to the information, and

(iii) on knowing of a matter within subsection (4), promptly removes the information or disables access to it.

(4) The matters within this subsection are that—

(a) the information at the initial source of the transmission has been removed from the network,

(b) access to it has been disabled, or

(c) a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.

(5) An internet service provider does not commit an offence under section 66I by storing information provided by a user who is not acting under the authority or control of the provider if—

(a) when the information was provided the provider did not know that it was, or contained, a generator of purported intimate images, and

(b) on knowing that the information was, or contained, a generator of purported intimate images, the provider promptly removed the information or disabled access to it.

(6) In this section—

• “generator of purported intimate images” has the same meaning as in section 66I;

• “internet service provider” means a provider of—

  (a)

  a service that is made available by means of the internet, or

  (b)

  a service that provides access to the internet;

• “user”, in relation to an internet service provider, means a user of a service provided by the internet service provider.

Textual Amendments

F5 Ss. 66I-66L inserted (29.6.2026) by Crime and Policing Act 2026 (c. 20), ss. 99(2), 255(1); S.I. 2026/689, reg. 2(1)(i)

66L Liability for offence under section 66I committed by bodies E+W

(1) This section applies where an offence under section 66I is committed by a body.

(2) If the offence is committed with the consent or connivance of—

(a) a relevant person in relation to the body, or

(b) a person purporting to act in the capacity of a relevant person in relation to the body,

the person (as well as the body) commits the offence and is liable to be proceeded against and punished accordingly.

(3) In this section—

• “body” means a body corporate, a partnership or an unincorporated association other than a partnership;

• “relevant person”, in relation to a body, means—

  (a)

  in the case of a body corporate other than one whose affairs are managed by its members, a director, manager, secretary or other similar officer of the body;

  (b)

  in the case of a limited liability partnership or other body corporate whose affairs are managed by its members, a member who exercises functions of management with respect to it;

  (c)

  in the case of a limited partnership, a general partner (within the meaning given by section 3 of the Limited Partnerships Act 1907);

  (d)

  in the case of any other partnership, a partner;

  (e)

  in the case of an unincorporated association other than a partnership, a person who exercises functions of management with respect to it.]

Textual Amendments

F5 Ss. 66I-66L inserted (29.6.2026) by Crime and Policing Act 2026 (c. 20), ss. 99(2), 255(1); S.I. 2026/689, reg. 2(1)(i)

67 Voyeurism E+W

[F6 (1) A person commits an offence if—

(a) for the purpose of obtaining sexual gratification, he observes another person doing a private act, and

(b) he knows that the other person does not consent to being observed for his sexual gratification.

(2) A person commits an offence if—

(a) he operates equipment with the intention of enabling another person to observe, for the purpose of obtaining sexual gratification, a third person (B) doing a private act, and

(b) he knows that B does not consent to his operating equipment with that intention.

(3) A person commits an offence if—

(a) he records another person (B) doing a private act,

(b) he does so with the intention that he or a third person will, for the purpose of obtaining sexual gratification, look at an image of B doing the act, and

(c) he knows that B does not consent to his recording the act with that intention.

(4) A person commits an offence if he instals equipment, or constructs or adapts a structure or part of a structure, with the intention of enabling himself or another person to commit an offence under subsection (1).

(5) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.]

Textual Amendments

F6 Ss. 66-72 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(e), Sch. 3 (with Sch. 2 para. 1) S.R. 2008/510, art. 2

[F7 67A Voyeurism: additional offences E+W

(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.

[F8 (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) The purposes referred to in subsections (1) [F9 to (2B)] are—

(a) obtaining sexual gratification (whether for A or C);

(b) humiliating, alarming or distressing B.

[F10 (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.]

(4) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding [F11 the general limit in a magistrates’ court], 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 [F12 2 May 2022], the reference in subsection (4)(a) to [F13 the general limit in a magistrates’ court] is to be read as a reference to 6 months.]

Textual Amendments

F7 S. 67A inserted (12.4.2019) by Voyeurism (Offences) Act 2019 (c. 2), ss. 1(2), 2(2)

F8 S. 67A(2A)(2B) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 48(2), 208(1); S.I. 2022/520, reg. 5(e)

F9 Words in s. 67A(3) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 48(3), 208(1); S.I. 2022/520, reg. 5(e)

F10 S. 67A(3A)(3B) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 48(4), 208(1); S.I. 2022/520, reg. 5(e)

F11 Words in s. 67A(4)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1

F12 Words 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

F13 Words in s. 67A(5) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1

68 Voyeurism: interpretation E+W

[F14 (1) For the purposes of section 67, a person is doing a private act if the person is in a place which, in the circumstances, would reasonably be expected to provide privacy, and—

(a) the person’s genitals, buttocks or breasts are exposed or covered only with underwear,

(b) the person is using a lavatory, or

(c) the person is doing a sexual act that is not of a kind ordinarily done in public.

[F15 (1A) For the purposes of sections 67 and 67A, operating equipment includes enabling or securing its activation by another person without that person's knowledge.]

(2) In section 67, “structure” includes a tent, vehicle or vessel or other temporary or movable structure.]

Textual Amendments

F14 Ss. 66-72 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(e), Sch. 3 (with Sch. 2 para. 1) S.R. 2008/510, art. 2

F15 S. 68(1A) inserted (12.4.2019) by Voyeurism (Offences) Act 2019 (c. 2), ss. 1(3), 2(2)

69 Intercourse with an animal E+W

[F16 (1) A person commits an offence if—

(a) he intentionally performs an act of penetration with his penis,

(b) what is penetrated is the vagina or anus of a living animal, and

(c) he knows that, or is reckless as to whether, that is what is penetrated.

(2) A person (A) commits an offence if—

(a) A intentionally causes, or allows, A’s vagina or anus to be penetrated,

(b) the penetration is by the penis of a living animal, and

(c) A knows that, or is reckless as to whether, that is what A is being penetrated by.

(3) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.]

Textual Amendments

F16 Ss. 66-72 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(e), Sch. 3 (with Sch. 2 para. 1) S.R. 2008/510, art. 2

70 Sexual penetration of a corpse E+W

[F17 (1) A person commits an offence if—

(a) he intentionally performs an act of penetration with a part of his body or anything else,

(b) what is penetrated is a part of the body of a dead person,

(c) he knows that, or is reckless as to whether, that is what is penetrated, and

(d) the penetration is sexual.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.]

Textual Amendments

F17 Ss. 66-72 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(e), Sch. 3 (with Sch. 2 para. 1) S.R. 2008/510, art. 2

71 Sexual activity in a public lavatory E+W

[F18 (1) A person commits an offence if—

(a) he is in a lavatory to which the public or a section of the public has or is permitted to have access, whether on payment or otherwise,

(b) he intentionally engages in an activity, and,

(c) the activity is sexual.

(2) For the purposes of this section, an activity is sexual if a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider it to be sexual.

(3) A person guilty of an offence under this section is liable on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.]

Textual Amendments

F18 Ss. 66-72 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(e), Sch. 3 (with Sch. 2 para. 1) S.R. 2008/510, art. 2