Quote:
Originally Posted by supersmoothy
So if a woman is sitting somewhere (bar stool, park bench, whatever) and I can see up her skirt or dress, can I still discreetly ogle (without taking pics) or is that too going to be an offence?  |
Disclaimer - I am not a lawyer.
supersmoothy: If you are *discretely* only looking
and have not modified any structures
and not using any equipment
to view or record
buttocks, genitals or the underwear covering them
then I think you would be OK as far as THIS law is concerned.
But I don't know about "breach of the peace" or a boyfriend/husband/brother/father/son/gallant knight coming over to thump you if you were not sufficiently discrete.
The new law, currently awaiting Royal Assent, adds Section 67A to Section 67 of the Sexual Offences Act 2003
www.Xlegislation.gov.uk/ukpga/2003/42/section/67
(remove "X" from above and below links)
Xpublications.parliament.uk/pa/bills/cbill/2017-2019/0235/18235.pdf
Sexual Offences Act 2003 section 67A Voyeurism: additional offences
(1) A person (A) commits an offence if—
(a) A operates equipment beneath the clothing of another person (B),
(b) A does so with the intention of enabling A or another person (C),
for a purpose mentioned in subsection (3), to observe—
(i) B’s genitals or buttocks (whether exposed or covered with underwear), or
(ii) the underwear covering B’s genitals or buttocks,
in circumstances where the genitals, buttocks or underwear would not otherwise be visible, and
(c) A does so—
(i) without B’s consent, and
(ii) without reasonably believing that B consents.
(2) A person (A) commits an offence if—
(a) A records an image beneath the clothing of another person (B),
(b) the image is of—
(i) B’s genitals or buttocks (whether exposed or covered with underwear), or
(ii) the underwear covering B’s genitals or buttocks, in circumstances where the genitals, buttocks or underwear would not otherwise be visible,
(c) A does so with the intention that A or another person (C) will look at the image for a purpose mentioned in subsection (3), and
(d) A does so—
(i) without B’s consent, and
(ii) without reasonably believing that B consents.
(3) The purposes referred to in subsections (1) and (2) are—
(a) obtaining sexual gratification (whether for A or C);
(b) humiliating, alarming or distressing B.
(4) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.
...
(1A) For the purposes of sections 67 and 67A, operating equipment includes enabling or securing its activation by another person without that person’s knowledge.
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