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Voyeurism


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Section 67 Sexual Offences Act 2003 states 

That a person commits an offence if for the purpose of obtaining sexual gratification, he observes another person doing a private act, and he knows that the other person does not consent to being observed for his sexual gratification.

That a person commits an offence if he operates equipment with the intention of enabling another person to observe, for the purpose of obtaining sexual gratification, a third person doing a private act, and he knows that that other person does not consent to the operation of equipment with that intention. 

A person commits an offence if he records another person doing a private act, and 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 the other person doing the act, and he knows that the other person does not consent to his recording the act with that intention.

A person commits an offence if he installs 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|) of the Act, being the first paragraph above.

A person guilty of an offence under this section is liable on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both.

On conviction on indictment, to imprisonment for a term not exceeding 2 years.

The question is what is a private act, and simply put, the definition is that is totally private, and not able to be seen by any other person, but excludes such acts taking place in public areas. Simply put, if consent is not present to be observed by others, then consent does not exist.( excluding public areas ). There should be sexual gratification.

Each allegation is on different facts in relation to this section, and for advice on the law, contact Penman Sedgwick.

If you need advice on a legal matter please contact us, and we will respond as soon as possible, or call us on 01923 225212.

Criminal Defence

Practice Area - Criminal

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