Legislation – Police, Crime, Sentencing and Courts Act 2022
Changes to legislation:
Police, Crime, Sentencing and Courts Act 2022, Section 48 is up to date with all changes known to be in force on or before 01 November 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
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PART 2Prevention, investigation and prosecution of crime
CHAPTER 4Other provisions
Sexual offences
48Voyeurism: breast-feeding
(1)
Section 67A of the Sexual Offences Act 2003 (voyeurism: additional offences) is amended as follows.
(2)
“(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.”
(3)
In subsection (3), for “and (2)” substitute “to (2B)”
.
(4)
“(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.”