Voyeurism (Offences) (No. 2) Bill (HC Bill 235)

1 Voyeurism: additional offences

(1) The Sexual Offences Act 2003 is amended as set out in subsections (2) to (4).

(2) After section 67 (voyeurism) insert—

“67A Voyeurism: additional offences

(1) 5A 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) 10B’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) 15A 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) 20the 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
25would 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) 5without 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) 10on 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 the coming into force of
15section 154(1) of the Criminal Justice Act 2003 (increase in maximum
term that may be imposed on summary conviction of offence triable
either way), the reference in subsection (4)(a) to 12 months is to be read
as a reference to 6 months.”

(3) In section 68 (voyeurism: interpretation), after subsection (1) insert—

“(1A) 20For the purposes of sections 67 and 67A, operating equipment includes
enabling or securing its activation by another person without that
person’s knowledge.”

(4) In Schedule 3 (sexual offences for purposes of notification requirements), after
paragraph 34 insert—

“34A (1) 25An offence under section 67A of this Act (voyeurism: additional
offences), if—

(a) the offence was committed for the purpose mentioned in
section 67A(3)(a) (sexual gratification), and

(b) the relevant condition is met.

(2) 30Where the offender was under 18, the relevant condition is that the
offender is or has been sentenced in respect of the offence to
imprisonment for a term of at least 12 months.

(3) In any other case, the relevant condition is that—

(a) the victim was under 18, or

(b) 35the offender, in respect of the offence or finding, is or has
been—

(i) sentenced to a term of imprisonment,

(ii) detained in a hospital, or

(iii) made the subject of a community sentence of at least
4012 months.”

(5) 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), for “and 67 of the Sexual Offences Act 2003” substitute “, 67 and 67A of
the Sexual Offences Act 2003”.

(6) In paragraph 10 of Schedule 34A to the Criminal Justice Act 2003 (child sex
offences for the purposes of section 327A), for “or 67” substitute “, 67 or 67A”.

(7) In paragraph 33 of Schedule 4 to the Modern Slavery Act 2015 (offences to
which defence in section 45 does not apply), in paragraph 33 (offences under
5Sexual Offences Act 2003), after the entry for section 67 insert—

• ““section 67A (voyeurism: additional offences)”.

2 Extent, commencement and short title

(1) This Act extends to England and Wales only.

(2) This Act comes into force at the end of the period of two months beginning
10with the day on which this Act is passed.

(3) This Act may be cited as the Voyeurism (Offences) Act 2018.