In brief. Voyeurism is a sexual offence under English and Welsh law that punishes the recording or observation of someone engaged in a private act, without their consent, for the purpose of sexual gratification (and, for “upskirting”, also humiliation, alarm or distress). It is governed by the Sexual Offences Act 2003 and was extended in 2019 to cover “upskirting”. A conviction can carry imprisonment, the sex-offender notification regime (where the statutory conditions are met) and substantial collateral consequences.

ILA is an Italian criminal-defence firm. This guide outlines UK/US rules for reference; we assist English-speaking clients whose case has an Italian dimension — extradition to or from Italy, Interpol Red Notices and cross-border proceedings — alongside local counsel abroad.

In brief

  • Voyeurism is set out in section 67 of the Sexual Offences Act 2003.
  • “Upskirting” was made a distinct offence by the Voyeurism (Offences) Act 2019, inserting s. 67A into the 2003 Act.
  • Maximum penalty: two years’ imprisonment on indictment for the basic offence; the same maximum applies to s. 67A upskirting offences.
  • A conviction triggers sex-offender notification (“the register”) only where the conditions of Schedule 3 to the 2003 Act are met (victim under 18, or a custodial/hospital/12-month community sentence); its duration depends on the sentence.
  • The Crime and Policing Act 2026 (Royal Assent 29 April 2026) will replace the upskirting provisions with new intimate-image offences once its provisions are brought into force.
  • In England and Wales the defence is conducted by local solicitors and barristers; ILA, an Italian firm with no UK office, assists on the Italian and cross-border profile of the case in coordination with local counsel.

What is voyeurism as a criminal offence?

Voyeurism is the criminal conduct of observing, recording, operating equipment or installing equipment with the purpose of enabling oneself or another to observe a person doing a private act, without that person's consent, for the purpose of obtaining sexual gratification (the upskirting offence in s. 67A also covers the purpose of humiliating, alarming or distressing the victim). A "private act" is one performed in a place that would reasonably be expected to provide privacy, such as a bathroom, changing room or bedroom.

The offence does not require physical contact with the victim. It targets the invasion of intimate privacy through observation or recording, including by smartphone, drone or hidden camera. The conduct can occur in person or remotely.

The statutory framework

Section 67, Sexual Offences Act 2003

Section 67 contains four limbs:

  1. Observing a person doing a private act for sexual gratification, knowing they do not consent (s. 67(1)).
  2. Operating equipment (e.g. a camera) with intent to enable another person to observe such an act for sexual gratification (s. 67(2)).
  3. Recording another person doing a private act, intending the recording to be looked at for sexual gratification (s. 67(3)).
  4. Installing equipment or constructing/adapting a structure with the intention of enabling the offence (s. 67(4)).

Section 67A — Upskirting (Voyeurism (Offences) Act 2019)

Inserted in April 2019, s. 67A captures operating equipment or recording an image beneath a person’s clothing to observe their genitals, buttocks or underwear, without consent, for the purpose of sexual gratification or humiliating, alarming or distressing the victim. The second limb closes a loophole identified after the Gina Martin campaign: malicious “prank” upskirting now falls squarely within the statute. Schedule 13 to the Crime and Policing Act 2026 provides for these provisions to be replaced by new offences of taking or recording an intimate image without consent: the changes are prospective and apply only once commenced, so the law in force at the date of the conduct must always be checked.

Penalties and ancillary orders

  • Mode of trial: either-way offence.
  • Maximum sentence: 6 months on summary conviction; 2 years on indictment.
  • Sex-offender notification: under Schedule 3 (paras 34 and 34A), for adult offenders it applies if the victim was under 18 or the offender is sentenced to imprisonment, detained in hospital or given a community sentence of at least 12 months; for s. 67A only where the purpose was sexual gratification. Duration: indefinite (custody of 30 months or more), 10 years (more than 6 and less than 30 months), 7 years (6 months or less), 5 years for other qualifying sentences (e.g. a community order), 2 years for a caution; fixed periods are halved for offenders under 18.
  • Sexual Harm Prevention Order (SHPO): available on conviction or, in narrow circumstances, on application by the police.
  • Deprivation orders: devices used to commit the offence can be forfeited under the Sentencing Act 2020 (s. 153).

How are voyeurism cases investigated?

Voyeurism investigations typically begin with a complaint to the police, sometimes supported by digital evidence already in the victim’s possession (screenshots, social-media posts, witness recordings). The police then secure:

  • Devices belonging to the suspect (phones, laptops, cloud accounts);
  • CCTV from the venue;
  • Witness statements;
  • Digital forensics, including deleted-file recovery and metadata analysis.

Because the offence requires a specific mental element — sexual gratification or, under s. 67A, humiliation/alarm — a substantial part of the defence work focuses on purpose, not just on whether the recording took place. Was the device left running by accident? Was the recording made for an entirely different reason (security, journalistic, accidental)? Was the suspect even the operator? These are the questions that frame a credible defence.

Defence strategies

Lack of mens rea

The prosecution must prove the purpose required by the statute. Where the recording is consistent with an innocent explanation, the defence can challenge the inference of sexual purpose drawn from the surrounding circumstances.

Genuine consent — informed and freely given — is a complete defence. The age, capacity and context of consent are scrutinised carefully by the courts, and a misunderstanding does not amount to consent in law.

Identification and digital provenance

Smartphone evidence is not self-authenticating. Chain-of-custody issues, cloud-sync artefacts, shared devices and timestamp inconsistencies can all be probed with the help of an independent digital-forensics expert.

Disposal and rehabilitation

Where the evidential basis is solid, early engagement, voluntary therapeutic work and a guilty plea at the first reasonable opportunity can materially reduce sentence and the duration of notification.

Real-world scenarios

(Illustrative examples of typical situations: they do not refer to specific proceedings or to clients of the firm.)

Case 1 — International student accused of upskirting on the London Underground

A non-UK student is identified on CCTV near the alleged victim. The phone is seized; no upskirt image is found, but a screen-recording of the train carriage exists. The UK defence team can challenge the inference of sexual purpose, instruct an independent forensic examination of the device and make representations at the pre-charge stage. Where there is a parallel risk or consequence in Italy, Italian counsel can assess that profile in coordination with the UK solicitors.

Case 2 — Workplace allegation involving a hidden camera

A camera disguised as a smoke detector is found in a unisex changing room of a corporate gym. The accused director invokes a security rationale and points to internal CCTV authorisations. Defence work centres on documentary evidence of the security policy, on the absence of recordings of private acts and on the broader risk of collateral charges (data-protection, employment-law, corporate liability for the company itself).

Voyeurism, privacy and broader corporate exposure

A voyeurism allegation rarely concerns only the individual. When the device belongs to a company, when the recording occurs on company premises, or when the suspect is a director, corporate exposure opens up: data-protection violations under UK GDPR, unfair-dismissal claims, reputational and ESG fall-out. The criminal defence should be coordinated with corporate and employment counsel; for groups with an Italian parent or Italian operations, ILA can assist on the Italian side. See also our broader analysis of white collar crime and the white collar crime definition.

Frequently asked questions

Is voyeurism the same as upskirting? Not exactly. Upskirting is a specific form of voyeurism added by the 2019 Act as s. 67A of the 2003 Act. It targets recording or observing beneath someone’s clothing without consent.

Will a voyeurism conviction put me on the sex-offender register? Not automatically. For adult offenders, notification applies if the victim was under 18 or the sentence is imprisonment, a hospital order or a community sentence of at least 12 months (for s. 67A, only where the purpose was sexual gratification). When it applies, the duration depends on the sentence imposed.

Can I be charged in the UK if the recording was made abroad? As a rule, criminal jurisdiction in England and Wales is territorial: the offence is normally prosecuted where it was committed, and extraterritorial jurisdiction exists only for specific offences and conditions. Cross-border allegations should be assessed by local counsel together with counsel in the other country involved.

What happens if I delete the images? Deletion does not eliminate liability and may itself amount to perverting the course of justice if it occurs after the start of an investigation. Digital forensics routinely recover deleted data from devices and cloud back-ups.

Can a company be liable when the offence is committed by an employee or director? The individual offence remains personal, but the company may face data-protection, employment and reputational exposure, and — under the new failure-to-prevent regimes — independent corporate liability in adjacent areas of conduct.

When to contact the firm

If you have been arrested, interviewed under caution or invited to attend a voluntary interview in England and Wales, instruct a local criminal solicitor immediately: decisions taken at the police station shape the entire case. If the matter has an Italian dimension — an Italian national, consequences in Italy, parallel proceedings or extradition issues — ILA can assess that profile in coordination with your UK counsel. Contact the firm.

Last updated: October 2026. References: Sexual Offences Act 2003, ss. 67, 67A and Schedule 3; Voyeurism (Offences) Act 2019; Sentencing Act 2020; Crime and Policing Act 2026 (prospective provisions).