Legislation – Police, Crime, Sentencing and Courts Act 2022

“(2A)

A person (A) commits an offence if—

(a)

A operates equipment,

(b)

A does so with the intention of enabling A or another person (C), for a purpose mentioned in subsection (3), to observe another (B) while B is breast-feeding a child, and

(c)

A does so—

(i)

without B’s consent, and

(ii)

without reasonably believing that B consents.

(2B)

A person (A) commits an offence if—

(a)

A records an image of another (B) while B is breast-feeding a child,

(b)

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

(c)

A does so—

(i)

without B’s consent, and

(ii)

without reasonably believing that B consents.”

“(3A)

In this section a reference to B breast-feeding a child includes B re-arranging B’s clothing—

(a)

in the course of preparing to breast-feed the child, or

(b)

having just finished breast-feeding the child.

(3B)

It is irrelevant for the purposes of subsections (2A) and (2B)—

(a)

whether or not B is in a public place while B is breast-feeding the child,

(b)

whether or not B’s breasts are exposed while B is breast-feeding the child, and

(c)

what part of B’s body—

(i)

is, or is intended by A to be, visible in the recorded image, or

(ii)

is intended by A to be observed.”