Crime and Policing Act 2026

Section 98

Schedule 13 U.K. Offences relating to semen-defaced images, intimate photographs or films and voyeurism

Prospective

Part 1 U.K. Amendments of the Sexual Offences Act 2003

1 E+W The Sexual Offences Act 2003 is amended as follows.

Commencement Information

I1 Sch. 13 para. 1 not in force at Royal Assent, see s. 255(1)

2 E+W After section 66A insert—

“66AA Sharing semen-defaced image

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

(a) A intentionally shares a semen-defaced image of another person (B),

(b) B does not consent to the sharing of the semen-defaced image, and

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

(2) A “semen-defaced image” of a person (B) is—

(a) a photograph or film which—

(i) shows, or appears to show, B, and

(ii) has, or appears to have, semen on it or in its immediate vicinity, or

(b) a photograph or film of a photograph or film within paragraph (a).

(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 “shares” a semen-defaced image if the person, by any means, gives or shows it to another person or makes it available to another person.

(7) But a provider of an internet service by means of which a semen-defaced image is shared is not to be regarded as a person who shares it.

(8) For the purposes of subsection (1)—

(a) “consent” to the sharing of a semen-defaced image 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.

(9) 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 semen-defaced image.

(10) A person (A) who shares a semen-defaced image of another person (B) does not commit an offence under subsection (1) if—

(a) the semen-defaced image had, or A reasonably believes that it had, been previously publicly shared, and

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

(11) 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).”

Commencement Information

I2 Sch. 13 para. 2 not in force at Royal Assent, see s. 255(1)

3 E+W After section 66AA (inserted by paragraph 2) insert—

“66AB Taking or recording intimate photograph or film

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

(a) A intentionally takes a photograph, or records a film, which shows another person (B) in an intimate state,

(b) B does not consent to the taking or recording 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 takes a photograph, or records a film, which shows 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 taking or recording of the photograph or film.

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

(a) A intentionally takes a photograph, or records a film, which shows 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 taking or recording of the photograph or film, and

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

(4) Subsections (1) to (3) are subject to section 66AC (exemptions).

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

(6) Sections 75 and 76 apply to an offence under this section.

(7) 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).

(8) A person who commits an offence under subsection (2) or (3) 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.

(9) 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).

(10) The Crown Court has the same powers and duties in relation to a person who is by virtue of subsection (9) convicted before it of an offence under subsection (1) as a magistrates’ court would have on convicting the person of the offence.

66AC Taking or recording intimate photograph or film: exemptions

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

(a) the photograph or film is, or A reasonably believes that it is, taken or recorded in a place to which the public or a section of the public have or are permitted to have access (whether on payment or otherwise),

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

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

(2) For the purposes of subsection (1)(b), whether a person has a reasonable expectation of privacy from a photograph or film being taken or recorded is to be determined by reference to the circumstances that the person taking the photograph or recording the film reasonably believes to exist at the time the photograph or film is taken or recorded.

(3) A person (A) who takes a photograph, or records a film, which shows another person (B) in an intimate state does not commit an offence under section 66AB(1) if—

(a) B is a person under 16,

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

(c) the photograph or film is taken or recorded—

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

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

(4) A person (A) who takes a photograph, or records a film, which shows a child in an intimate state does not commit an offence under section 66AB(1) if—

(a) A is—

(i) a member of the child’s family, or

(ii) a friend of the child or the child’s family, and

(b) the photograph or film is of a kind ordinarily taken or recorded by such a person.

66AD Installing etc. equipment to enable taking or recording of intimate photograph or film

(1) A person (A) commits an offence if A instals, adapts, prepares or maintains equipment with the intention of enabling A or another person to commit an offence under section 66AB(1).

(2) A person (A) commits an offence if A instals, adapts, prepares or maintains equipment with the intention of enabling A or another person to commit an offence under section 66AB(2) or (3).

(3) 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).

(4) A person who commits an offence under subsection (2) 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.

(5) If on the trial of a person charged with an offence under subsection (2) 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).

(6) The Crown Court has the same powers and duties in relation to a person who is by virtue of subsection (5) convicted before it of an offence under subsection (1) as a magistrates’ court would have on convicting the person of the offence.

66AE Creating a copy of intimate photograph or film shared temporarily

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

(a) another person (B)—

(i) shares with A a photograph or film which shows, or appears to show, B in an intimate state, and

(ii) does so in such a way that A can view the photograph or film for a limited time, but cannot send it to another person,

(b) A intentionally creates a copy of the photograph or film that A can view at other times,

(c) A knows that the photograph or film is shared with A by B,

(d) B does not consent to the creation of the copy, and

(e) A does not reasonably believe that B consents to the creation of the copy.

(2) For the purposes of subsection (1)(a)(ii)—

(a) the cases in which A can view the photograph or film for a limited time include the case where A can view it for as long as B allows A to do so;

(b) sending the photograph or film to another person does not include showing it to another person.

(3) References in this section to creating a copy of a photograph or a film include—

(a) creating a copy of part of a photograph or film, or

(b) creating a copy of a photograph or film with modifications,

where the copy shows, or appears to show, B in the intimate state in which B is shown, or appears to be shown, in the photograph or film.

(4) Subsection (1) is subject to section 66AF (exemptions).

(5) It is a defence for a person charged with an offence under subsection (1) to prove that the person had a reasonable excuse for creating the copy.

(6) Section 76 applies to an offence under this section.

(7) 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).

66AF Creating a copy of intimate photograph or film shared temporarily: exemptions

(1) A person (A) does not commit an offence under section 66AE(1) in relation to a photograph or film shared with A if—

(a) the photograph or film was, or A reasonably believes that it was, taken or recorded 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) the person the photograph or film shows, or appears to show, in an intimate state (B) had no reasonable expectation of privacy from such a photograph or film being taken or recorded, 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 or recorded is to be determined by reference to the circumstances that A reasonably believes to have existed at the time the photograph or film was taken or recorded.

(3) A person (A) does not commit an offence under section 66AE(1) in relation to a photograph or film shared with A 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.”

Commencement Information

I3 Sch. 13 para. 3 not in force at Royal Assent, see s. 255(1)

4 (1) Section 66B (sharing or threatening to share intimate photograph or film) is amended as follows. E+W

(2) After subsection (5) insert—

“(5A) Section 76 applies to an offence under subsection (1), (2) or (3).”

(3) Omit subsections (6) and (11).

Commencement Information

I4 Sch. 13 para. 4 not in force at Royal Assent, see s. 255(1)

5 E+W In section 66C (sharing or threatening to share intimate photograph or film: exemptions)—

(a) in subsection (1)—

(i) in paragraph (a), for “taken” substitute “, or A reasonably believes that it was, taken or recorded”, and

(ii) in paragraph (b), after “taken” insert “or recorded”, and

(b) in subsection (2), after “taken” (in both places) insert “or recorded”.

Commencement Information

I5 Sch. 13 para. 5 not in force at Royal Assent, see s. 255(1)

6 (1) Section 66D (sharing or threatening to share intimate photograph or film: interpretation) is amended as follows. E+W

(2) In subsection (1), for “66B and” substitute “66AB to”.

(3) In subsection (3), at the end insert “, or as a person with whom it is shared”.

(4) For subsection (4) substitute—

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

(4A) “Film” means a moving image.

(4B) For the purposes of sections 66AE, 66AF, 66B and 66C, 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).”

(5) After subsection (9) insert—

“(10) For the purposes of section 66AB(1) to (3), 66AE(1), 66AF(3)(b), 66B(1) to (3) and 66C(3)(b)—

(a) “consent” to the taking, recording, sharing or creating a copy of a photograph or film includes general consent covering the particular act of taking, recording, sharing or creating a copy as well as specific consent to the particular act of taking, recording, sharing or creating a copy, 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.”

(6) For the heading, substitute “Sections 66AB to 66C: interpretation”.

Commencement Information

I6 Sch. 13 para. 6 not in force at Royal Assent, see s. 255(1)

7 E+W In section 66G (definitions for purposes of sections 66E and 66F), omit subsection (8).

Commencement Information

I7 Sch. 13 para. 7 not in force at Royal Assent, see s. 255(1)

8 E+W In section 66H (time limits for prosecuting summary offences)—

(a) in subsection (1), for “under section 66E or 66F” substitute “to which this section applies”;

(b) after subsection (1) insert—

“(1A) This section applies to offences under—

(a) section 66AA;

(b) section 66AB(1);

(c) section 66AD(1);

(d) section 66AE;

(e) section 66B(1);

(f) section 66E;

(g) section 66F.”;

(c) for the heading substitute “Semen-defaced images and intimate images: time limit for prosecution of summary offences”.

Commencement Information

I8 Sch. 13 para. 8 not in force at Royal Assent, see s. 255(1)

9 E+W In section 67 (voyeurism), omit subsection (3).

Commencement Information

I9 Sch. 13 para. 9 not in force at Royal Assent, see s. 255(1)

10 E+W In section 67A (voyeurism: additional offences)—

(a) omit subsection (2), and

(b) after subsection (3B) insert—

“(3C) Section 76 applies to an offence under subsection (2B).”

Commencement Information

I10 Sch. 13 para. 10 not in force at Royal Assent, see s. 255(1)

11 (1) Section 77 (sections 75 and 76: relevant acts) is amended as follows. E+W

(2) For “sections 75 and 76 apply” substitute “section 75 or 76 applies”.

(3) For “those sections” substitute “that section”.

(4) In the table, after the last row insert—

“An offence under section 66AB(1), (2) or (3) (taking or recording an intimate photograph or film)	The defendant intentionally taking a photograph, or recording a film, which shows another person (“the complainant”) in an intimate state.
An offence under section 66AE(1) (creating copy of intimate photograph or film shared temporarily)	The defendant intentionally creating a copy of the photograph or film in question.
An offence under section 66B(1), (2) or (3) (sharing an intimate photograph or film)	The defendant intentionally sharing a photograph or film which shows, or appears to show, another person (“the complainant”) in an intimate state.
An offence under section 67A(2B) (voyeurism: recording image of person breast-feeding a child)	The defendant recording an image of another (“the complainant”) while the complainant is breast-feeding a child.”

Commencement Information

I11 Sch. 13 para. 11 not in force at Royal Assent, see s. 255(1)

12 E+W In section 78 (meaning of “sexual”), for “66B” substitute “66AB”.

Commencement Information

I12 Sch. 13 para. 12 not in force at Royal Assent, see s. 255(1)

13 E+W In section 79 (Part 1: general interpretation), after subsection (10) insert—

“(11) The “maximum term for summary offences”, in relation to an offence, 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.”

Commencement Information

I13 Sch. 13 para. 13 not in force at Royal Assent, see s. 255(1)

14 E+W In section 136A(3A) (specified child sex offences), in paragraph (c), after “66A,” insert “66AB(2) and (3), 66AD(2),”.

Commencement Information

I14 Sch. 13 para. 14 not in force at Royal Assent, see s. 255(1)

15 E+W In Schedule 2 (sexual offences to which section 72(1) to (3) applies), in paragraph 1(a), for “and 47 to 50” substitute “, 47 to 50, 66AB(2) and (3), and 66B(2), (3) and (4)”.

Commencement Information

I15 Sch. 13 para. 15 not in force at Royal Assent, see s. 255(1)

16 U.K. In Schedule 3 (sexual offences for purposes of Part 2), after paragraph 33A insert—

“33AA An offence under section 66AB(3) of this Act (taking or recording intimate photograph or film for purpose of obtaining sexual gratification) if—

(a) where the offender was under 18, the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b) in any other case—

(i) the victim was under 18, or

(ii) the offender, in respect of the offence or finding, is or has been—

(a) sentenced to a term of imprisonment,

(b) detained in a hospital, or

(c) made the subject of a community sentence of at least 12 months.

33AB (1) An offence under section 66AD(2) of this Act (installing etc. equipment to enable taking or recording of intimate photograph or film) if—

(a) the offence was committed with the intention of enabling an offence to be committed under section 66AB(3) of this Act (taking or recording intimate photograph or film for purpose of obtaining sexual gratification), and

(b) sub-paragraph (2) applies.

(2) This sub-paragraph applies if—

(a) where the offender was under 18, the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b) in any other case—

(i) the victim was under 18, or

(ii) the offender, in respect of the offence or finding, is or has been—

(a) sentenced to a term of imprisonment,

(b) detained in a hospital, or

(c) made the subject of a community sentence of at least 12 months.”

Commencement Information

I16 Sch. 13 para. 16 not in force at Royal Assent, see s. 255(1)

Part 2 U.K. Further amendments in connection with offences

Prospective

Children and Young Persons Act 1933 (c. 12) E+W

17 In Schedule 1 to the Children and Young Persons Act 1933 (offences against children and young persons with respect to which special provisions of Act apply), in the first entry relating to the Sexual Offences Act 2003, after “66A,” insert “66AB, 66AD,”.

Commencement Information

I17 Sch. 13 para. 17 not in force at Royal Assent, see s. 255(1)

Prospective

Police and Criminal Evidence Act 1984 (c. 60) E+W

18 In section 65A of the Police and Criminal Evidence Act 1984 (“qualifying offences” for the purposes of Part 5 of that Act), in subsection (2)(p) after “66A,” insert “66AB(2) and (3), 66AD(2),”.

Commencement Information

I18 Sch. 13 para. 18 not in force at Royal Assent, see s. 255(1)

Prospective

Criminal Justice Act 2003 (c. 44) E+W

19 (1) The Criminal Justice Act 2003 is amended as follows.

(2) In Part 2 of Schedule 15 (specified sexual offences for purposes of section 325), after paragraph 149A insert—

“149AA An offence under section 66AB(2) or (3) of that Act (taking or recording intimate photograph or film with intent to cause alarm, distress or humiliation or for purpose of obtaining sexual gratification).

149AB An offence under section 66AD(2) of that Act (installing etc. equipment to enable taking or recording of intimate photograph or film with intent to cause alarm, distress or humiliation or for purpose of obtaining sexual gratification).”

(3) In Schedule 34A (child sex offences for purposes of section 327A), in paragraph 10—

(a) after “66A,” insert “66AB(2) or (3), 66AD(2),”, and

(b) for the words from “(exposure” to “voyeurism)” substitute “(offences relating to exposure, voyeurism and intimate photographs or films)”.

Commencement Information

I19 Sch. 13 para. 19 not in force at Royal Assent, see s. 255(1)

Prospective

Armed Forces Act 2006 (c. 52) U.K.

20 (1) The Armed Forces Act 2006 is amended as follows.

(2) In section 177DA (treatment of purported intimate images for purposes of deprivation orders)—

(a) in the heading, omit “Purported”;

(b) in subsection (1), for the words from “section 66E” to the end substitute “a provision of the Sexual Offences Act 2003 which is listed in column 1 of the table in subsection (3)”;

(c) in subsection (2)—

(i) for “purported intimate image to which the offence relates” substitute “item specified in column 2 of the table in relation to the corresponding offence”;

(ii) after “the offence”, in the second place it occurs, insert “under section 42”;

(d) after subsection (2) insert—

“(3) This is the table—

Provision of the Sexual Offences Act 2003	Item
Section 66AB(1), (2) or (3)	Photograph or film to which the offence relates
Section 66AE	Copy of a photograph or film to which the offence relates
Section 66E	Purported intimate image to which the offence relates
Section 66F	Purported intimate image which is connected with the offence
Section 67A(2B)	Image to which the offence relates

(4) Where the corresponding offence is an offence under section 66F of the Sexual Offences Act 2003, a purported intimate image is connected with the offence if—

(a) it appears to be of a person who was the subject of the request to which the offence relates (whether or not it is what was requested), and

(b) it was in the offender’s possession, or under the offender’s control, as a result of that request.”

Commencement Information

I20 Sch. 13 para. 20 not in force at Royal Assent, see s. 255(1)

Prospective

Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) E+W

21 In section 116 of the Anti-social Behaviour, Crime and Policing Act 2014 (information about guests at hotels believed to be used for child sexual exploitation), in subsection (8)(c)—

(a) after “66A,” insert “66AB(2) and (3), 66AD(2),”, and

(b) for the words from “(exposure” to “voyeurism)” substitute “(offences relating to exposure, voyeurism and intimate photographs or films)”.

Commencement Information

I21 Sch. 13 para. 21 not in force at Royal Assent, see s. 255(1)

Prospective

Modern Slavery Act 2015 (c. 30) E+W

22 In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), in paragraph 33, after the entry for section 66A insert—

• “section 66AB(2) (taking or recording intimate photograph or film with intent to cause alarm, distress or humiliation)

• section 66AB(3) (taking or recording intimate photograph or film for purpose of obtaining sexual gratification)

• section 66AD(2) (installing etc. equipment to enable taking or recording of intimate photograph or film with intent to cause alarm, distress or humiliation or for purpose of obtaining sexual gratification)”.

Commencement Information

I22 Sch. 13 para. 22 not in force at Royal Assent, see s. 255(1)

Prospective

Sentencing Code E+W

23 (1) The Sentencing Code is amended as follows.

(2) In section 154A (purported intimate images to be treated as used for purposes of certain offences)—

(a) in the heading, omit “Purported”;

(b) for subsection (1) substitute—

“(1) This section applies where a person commits an offence under a provision of the Sexual Offences Act 2003 which is listed in column 1 of the table in subsection (2A).”;

(c) in subsection (2), for “The purported intimate image to which the offence relates” substitute “The item specified in column 2 of the table in relation to that offence”;

(d) after subsection (2) insert—

“(2A) This is the table—

Provision of the Sexual Offences Act 2003	Item
Section 66AB(1), (2) or (3)	Photograph or film to which the offence relates
Section 66AE	Copy of a photograph or film to which the offence relates
Section 66E	Purported intimate image to which the offence relates
Section 66F	Purported intimate image which is connected with the offence
Section 67A(2B)	Image to which the offence relates”

(e) omit subsections (3) and (4).

(3) In Part 2 of Schedule 18 (specified sexual offences for purposes of section 306), in paragraph 38, after sub-paragraph (axa) insert—

“(axaa) section 66AB(2) (taking or recording intimate photograph or film with intent to cause alarm, distress or humiliation);

(axab) section 66AB(3) (taking or recording intimate photograph or film for purpose of obtaining sexual gratification);

(axac) section 66AD(2) (installing etc. equipment to enable taking or recording of intimate photograph or film with intent to cause alarm, distress or humiliation or for purpose of obtaining sexual gratification);”.

Commencement Information

I23 Sch. 13 para. 23 not in force at Royal Assent, see s. 255(1)

Online Safety Act 2023 (c. 50) U.K.

24 In Schedule 7 to the Online Safety Act 2023 (priority offences), in paragraph 28A (Sexual Offences Act 2003), at the end insert—

“(c) section 66E (creating purported intimate image of adult);

(d) section 66F (requesting the creation of purported intimate image of adult).”

Commencement Information

I24 Sch. 13 para. 24 not in force at Royal Assent, see s. 255(1)

I25 Sch. 13 para. 24 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z9)