Triable either way
Maximum: 2 years’ custody
Offence range: Fine – 18 months’ custody
For convictions on or after such date (irrespective of the date of commission of the offence), these are specified offences for the purposes of section 226A (extended sentence for certain violent or sexual offences) of the Criminal Justice Act 2003.
Step 1 – Determining the offence category
The court should determine the offence category using the table below.
Raised harm and raised culpability
Raised harm or raised culpability
Voyeurism without raised harm or culpability factors present
The court should determine culpability and harm caused or intended, by reference only to the factors below, which comprise the principal factual elements of the offence. Where an offence does not fall squarely into a category, individual factors may require a degree of weighting before making an overall assessment and determining the appropriate offence category.
Factors indicating raised harm
- Image(s) available to be viewed by others
- Victim observed or recorded in their own home or residence
Factors indicating raised culpability
- Significant degree of planning
- Image(s) recorded
- Abuse of trust
- Specific or previous targeting of a particularly vulnerable victim
- Commercial exploitation and/or motivation
- Offence racially or religiously aggravated Offence motivated by, or demonstrating, hostility to the victim based on his or her sexual orientation (or presumed sexual orientation) or transgender identity (or presumed transgender identity)
- Offence motivated by, or demonstrating, hostility to the victim based on his or her disability (or presumed disability)