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)
“(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)
“(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.”