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Offences – upskirting

There is a new ‘upskirting’ offence with effect from 12 April 2019 under the Voyeurism (Offences) Act 2019 which inserts a new s67A into the SOA 2003.

An offence is committed if the act complained of was done without the victim’s consent or if the offender did not reasonably believe the victim consented.

The act may be either operating equipment or recording an image beneath the victim’s clothing, with the intention of enabling the offender to see the victim’s genitals or buttocks (even if covered with underwear); or to see the underwear covering them. As for motive, the offender must have performed one of these acts specifically for their sexual gratification or to humiliate, alarm or distress the victim.

On conviction, the offender may be imprisoned for up to 12 months in the Magistrates’ Court or two years on indictment and (in serious cases) placed on the sex offenders register. Source: www.gov.uk.

 

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