Sexual Offences Act 2003, s.67
Effective from: 01 April 2014

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.

User guide for this offence

Step 1 – Determining the offence category

The court should determine the offence category using the table below.

Category 1

Raised harm and raised culpability

Category 2

Raised harm or raised culpability

Category 3

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)