Voyeurism (Section 67 Sexual Offences Act 2003)

Sexual Offences Act 2003, s.67

Either way
2 years' custody

Definition

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. (Sexual Offences Act 2003, s.67(1)) 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. (Sexual Offences Act 2003, s.67(2)) 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. (Sexual Offences Act 2003, s.67(3)) 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). (Sexual Offences Act 2003, s.67(4))

Points to prove

A person
for the purpose of obtaining sexual gratification, observes another person doing a private act, knowing that the other person does not consent to being observed for his sexual gratification (s.67(1))
or 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, knowing that B does not consent to his operating equipment with that intention (s.67(2))
or records another person (B) doing a private act, 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, knowing that B does not consent to his recording the act with that intention (s.67(3))
or 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 s.67(1) (s.67(4))
a private act means the person is in a place which, in the circumstances, would reasonably be expected to provide privacy, and the person's genitals, buttocks or breasts are exposed or covered only with underwear, the person is using a lavatory, or the person is doing a sexual act that is not of a kind ordinarily done in public (s.68(1))

Voyeurism is an offence under s.67 Sexual Offences Act 2003. A person commits the 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 (s.67(1)); if 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, knowing that B does not consent to his operating equipment with that intention (s.67(2)); if he records another person (B) doing a private act 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, knowing that B does not consent to his recording the act with that intention (s.67(3)); or 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 s.67(1) (s.67(4)). A person is doing a private act if the person is in a place which, in the circumstances, would reasonably be expected to provide privacy, and the person's genitals, buttocks or breasts are exposed or covered only with underwear, the person is using a lavatory, or the person is doing a sexual act that is not of a kind ordinarily done in public (s.68(1)); operating equipment includes enabling or securing its activation by another person without that person's knowledge (s.68(1A)); and structure includes a tent, vehicle or vessel or other temporary or movable structure (s.68(2)). Maximum sentence: on summary conviction, imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; on conviction on indictment, imprisonment for a term not exceeding 2 years (s.67(5)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. All suspects must be interviewed by officers trained in sexual offence investigation. Disclosure must be handled in accordance with the Attorney General's Guidelines. Consider a Sexual Harm Prevention Order application. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).

Last updated 20 October 2026. Reviewed 20 October 2026

Mode of trial: Either way
Maximum sentence: 2 years' custody
Act and section: Sexual Offences Act 2003, s.67
Power of arrest: A constable may arrest without a warrant anyone who is about to commit an offence, anyone who is in the act of committing an offence, anyone whom he has reasonable grounds for suspecting to be about to commit an offence and anyone whom he has reasonable grounds for suspecting to be committing an offence; if a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it; and if an offence has been committed, anyone who is guilty of it or whom he has reasonable grounds for suspecting to be guilty of it. The power of summary arrest is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in s.24(5) it is necessary to arrest the person in question (Police and Criminal Evidence Act 1984, s.24(1) to (5)).
Search on arrest: Where the person has been arrested at a place other than a police station, a constable may search the arrested person if the constable has reasonable grounds for believing that the arrested person may present a danger to himself or others, and may search the arrested person for anything which he might use to assist him to escape from lawful custody or which might be evidence relating to an offence, and, the offence being an indictable offence, may enter and search any premises in which he was when arrested or immediately before he was arrested for evidence relating to the offence (Police and Criminal Evidence Act 1984, s.32(1) and (2)). A constable may enter and search any premises occupied or controlled by a person who is under arrest for an indictable offence, if he has reasonable grounds for suspecting that there is on the premises evidence, other than items subject to legal privilege, that relates to that offence or to some other indictable offence which is connected with or similar to that offence; the power may not be exercised unless an officer of the rank of inspector or above has authorised it in writing, save in the case allowed by s.18(5) and (5A) (Police and Criminal Evidence Act 1984, s.18(1) and (4)). An offence triable either way is an indictable offence (Interpretation Act 1978, Schedule 1).
Detention clock: A person shall not be kept in police detention for more than 24 hours without being charged, the period running from the relevant time (Police and Criminal Evidence Act 1984, s.41(1) and (2)). The offence is triable either way and so is an indictable offence (Interpretation Act 1978, Schedule 1), so a police officer of the rank of superintendent or above who is responsible for the police station may authorise the keeping of the person in police detention for a period expiring at or before 36 hours after the relevant time, where detention without charge is necessary to secure or preserve evidence or to obtain it by questioning and the investigation is being conducted diligently and expeditiously (Police and Criminal Evidence Act 1984, s.42(1)); a magistrates' court may issue a warrant of further detention for a period not longer than 36 hours (Police and Criminal Evidence Act 1984, s.43(1), (4) and (12)) and may extend it, no extension being longer than 36 hours and none ending later than 96 hours after the relevant time (Police and Criminal Evidence Act 1984, s.44(1) and (3)).
Source: www.legislation.gov.uk/ukpga/2003/42/section/67