PART 6MISCELLANEOUS SEXUAL OFFENCES
Other offences
F1Voyeurism: additional offences (breasts)71B
1
A person (A) commits an offence if—
a
A operates equipment beneath or above the clothing of another person (B),
b
A does so with the intention of enabling A or another person (C) to observe—
i
B’s breasts (whether exposed or covered with underwear), or
ii
the underwear covering B’s breasts,
in circumstances where the breasts or underwear would not otherwise be visible, and
c
either condition 1 or condition 2 is met.
2
Condition 1 is that—
a
A operates the equipment with the intention of enabling the observation for the purpose of—
i
obtaining sexual gratification (whether for A or C), or
ii
humiliating, alarming or distressing B, and
b
A does so—
i
without B’s consent, and
ii
without reasonably believing that B consents.
3
Condition 2 is that—
a
A operates the equipment with the intention of enabling the observation—
i
without B’s consent, and
ii
without reasonably believing that B consents,
b
in so operating the equipment, A is reckless as to whether B is humiliated, alarmed or distressed, and
c
B is humiliated, alarmed or distressed.
4
A person (A) commits an offence if—
a
A records an image beneath or above the clothing of another person (B),
b
the image is of—
i
B’s breasts (whether exposed or covered with underwear), or
ii
the underwear covering B’s breasts,
in circumstances where the breasts or underwear would not otherwise be visible, and
c
either condition 3 or condition 4 is met.
5
Condition 3 is that—
a
A records the image with the intention that A or another person (C) will look at it for the purpose of—
i
obtaining sexual gratification (whether for A or C), or
ii
humiliating, alarming or distressing B, and
b
A does so—
i
without B’s consent, and
ii
without reasonably believing that B consents.
6
Condition 4 is that—
a
A records the image with the intention that A or another person will look at it,
b
A does so—
i
without B’s consent, and
ii
without reasonably believing that B consents,
c
in so recording the image, A is reckless as to whether B is humiliated, alarmed or distressed, and
d
B is humiliated, alarmed or distressed.
7
Paragraph (8) applies where—
a
B consents to the operation of equipment, or the recording of an image, for a particular purpose, and
b
A operates the equipment, or records the image, for a different or additional purpose.
8
Where this paragraph applies, then for the purposes of paragraph (3)(a) or paragraph (6)(b) (as the case may be)—
a
B is to be taken as having not consented to the operation of the equipment or the recording of the image, and
b
A is to be taken as having had a reasonable belief as to B’s consent only if A had a reasonable belief that B consented to the operation of the equipment, or the recording of the image, for the other purpose.
9
A person guilty of an offence under this Article 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.