Sexual offences
Voyeurism
Sexual Offences Act 2003, s.67
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way
- Maximum penalty
- 2 years’ custody
Actus reus
- s.67 has four limbs: observing a person doing a private act for sexual gratification; operating equipment to enable another to observe a private act; recording a private act; or installing/adapting equipment or a structure to enable a s.67(1) offence.
- A “private act” is defined in s.68 — do not assume bathroom/bedroom footage automatically qualifies without checking the definition against the facts.
Mens rea
- Sexual-gratification purpose (observation and recording limbs) plus knowledge that the other does not consent to being observed or recorded for that purpose (s.67(1)–(3)).
- Installation limb: intention to enable a s.67(1) offence.
Defences
Not a private act · No sexual-gratification purpose · No knowledge of lack of consent · Upskirting / additional voyeurism is a different section (s.67A) — check the charge sheet
Sentencing Council
Sentencing Council guideline effective 01 April 2014. Offence range: Fine – 18 months’ custody.
At the police station
Confirm whether the charge is s.67 or s.67A. Device and cloud accounts are usually the disclosure fight, not a first-interview guessing game.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested. For this allegation we would normally want a solicitor involved early.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Sexual Offences Act 2003, s.67 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Rape and sexual offences (full guidance) ↗