Sexual Offences Act 2003, section 67

Voyeurism

Part 1 Sexual Offences

[F142 (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.F142]

Definitions used in section 67 2

Image

(4) “Image” means a moving or still image and includes an image produced by any means and, where the context permits, a three-dimensional image.

Defined in s.79(4) · see it in the full Act
structure

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

Defined in s.68(2) · see it in the full Act

Cases considering section 67 14

Richards, R. v

[2020] EWCA Crim 95 · 28 January 2020Interprets

The court treated consensual intercourse between the parties as outside section 67(1). The alleged wrongdoing was the separate covert recording, which fell to be assessed under section 67(3). Section 67(3) is not confined to secret filming by a non-participant. A participant who covertly records another doing a private act, intending later sexual viewing and knowing there is no consent, can commit the offence. The suggested requirement of privacy from the recorder has no textual basis.

B, R v

[2012] EWCA Crim 770 · 20 April 2012Interprets

The court held that voyeurism requires deliberate observation, rather than accidental, careless or reckless perception. The observation and the observer’s purpose of obtaining sexual gratification are inseparable parts of the act for section 4A(2), but knowledge of non-consent is not. (see paras [59]-[66])

Al-Sayed, R v

[2009] EWCA Crim 1922 · 28 August 2009

The court described section 67 as creating voyeurism and identified its essential privacy-protecting character. That character informed its assessment of the seriousness of the attempted offence and the limited basis for a deportation recommendation (see paras [10]; [16]).

What each judgment says about section 67 is in the case-law panel in the full Act.

Explanatory note

127.Section 67 makes it an offence, under subsection (1) for a person, (A), to observe, for the purpose of his own sexual gratification, another person doing a private act, for instance by looking through a window or peephole at someone having sexual intercourse, where A knows the person observed does not consent to being looked at for this purpose.

128.Subsection (2) covers a person (A) operating equipment with the intention of enabling another person, for his sexual gratification, to observe a third person (B), doing a private act, where A knows that B does not consent to being so viewed. This would cover, for example, a landlord (A) operating a webcam to allow people on the internet for their sexual gratification to view live images of his tenant (B) getting undressed, if A knew that B did not consent to this.

129.Subsection (3) covers a person (A) recording another person (B) doing a private act with the intention of looking at the recording for his own sexual gratification, or intending other people to look, for their sexual gratification, at the recording, and where he knows that B does not consent to the recording of that act with that intention. This would therefore cover the person (A) who secretly films someone (B) masturbating in B’s bedroom to show to others for their sexual gratification. Proof that the intention was the sexual gratification of others could be derived from, for example, the fact that the image was posted on a pornographic website, or in a pornographic magazine. A will be caught by the offence whether or not those looking at the image know that the person filmed did not consent to being filmed with that intention.

130.Subsection (4) would cover someone who, for example, drilled a spy-hole or installed a two-way mirror in a house with the intention of spying on someone for sexual gratification or allowing others to do so. A would be caught even if the peephole or mirror was discovered before it was used.

All the explanatory notes for the Act

Amendments and notes

1 notes from legislation.gov.uk

Amendments

  1. F142Ss. 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