What Is Upskirting? The Law, Sentences and What to Do If Accused

Upskirting is the act of using a phone or camera beneath someone's clothing, without their consent, to see or photograph their genitals, buttocks or underwear.

In England and Wales, it has been a specific criminal offence since 12 April 2019, when the Voyeurism (Offences) Act 2019 inserted Section 67A into the Sexual Offences Act 2003. Here, we explain the law, the sentences, the sex offenders register rule, and what to do if you are accused.

Upskirting: the short answer

• The offence: Section 67A of the Sexual Offences Act 2003 makes it a crime to operate equipment, or record an image, beneath another person's clothing to see their genitals, buttocks or underwear, without their consent and without a reasonable belief that they consent.
• The purpose: the prosecution must prove it was done for sexual gratification, or to humiliate, alarm or distress the person.
• The sentence: up to 2 years' imprisonment in the Crown Court.
• The register: only where the purpose was sexual gratification and further conditions are met.

Location: it applies anywhere, in public or in private.

Contacted by the police about an upskirting allegation? Legal advice at the police station is free under legal aid. Speak to our sexual offence solicitors before any interview.

What is upskirting?

Upskirting is the term used to describe placing equipment (such as a camera or mobile phone) beneath a person's clothing to view or photograph their genitals or buttocks, whether or not covered by underwear, without their permission.

Despite the name, it applies regardless of what the person is wearing and their gender. It often happens in crowded places such as public transport, escalators or festivals, but the law does not require a public place: it applies equally in a home, school or workplace.

Is upskirting a criminal offence?

Yes. Before 2019 no specific offence existed, and upskirting was prosecuted as the common law offence of outraging public decency or, sometimes, as voyeurism under Section 67. The Voyeurism (Offences) Act 2019 created two offences under Section 67A:

• Section 67A(1): operating equipment beneath clothing to enable anyone to see the person's genitals, buttocks or underwear. No image needs to be recorded.
• Section 67A(2): recording an image beneath clothing so that anyone can look at it.

For both, the prosecution must prove the person did not consent, you did not reasonably believe they consented, and your purpose was either sexual gratification or humiliating, alarming or distressing them. Since 2022, section 67A also covers recording or operating equipment to see a person breastfeeding.

Is upskirting a sexual offence?

Yes. It sits within the Sexual Offences Act 2003 and is treated as a sexual offence, whichever purpose is proved.

What is the difference between upskirting and voyeurism?

What are the sentences for upskirting?

Upskirting is triable either way. In the Magistrates' Court the maximum is the magistrates' general limit or a fine; in the Crown Court it is 2 years' imprisonment.

The Sentencing Council's voyeurism guideline sets three categories. The most serious, where both harm and culpability are raised (for example, images recorded and made available to others), starts at 26 weeks' custody (range 12 weeks to 18 months). The middle category starts at a high-level community order and the lowest at a medium-level community order.

Factors that increase the sentence include recording or distributing images, planning, targeting a vulnerable person and previous convictions. Since 29 June 2026, grooming a person under 18 to facilitate the offence is a statutory aggravating factor under the Crime and Policing Act 2026.

Will I go on the sex offenders register?

Not automatically. Under Schedule 3 to the Sexual Offences Act 2003, an upskirting conviction triggers notification requirements only if the offence was committed for sexual gratification and either the victim was under 18, or you receive a prison sentence, a hospital order or a community order of at least 12 months.

If the purpose was only to humiliate or distress, the register does not apply. See our guide to Sexual Harm Prevention Orders.

Sharing upskirting images: a separate offence

Since 31 January 2024, sharing an intimate image without consent is a separate offence under Section 66B, inserted by the Online Safety Act 2023. The basic offence is tried in the Magistrates' Court; sharing to humiliate or distress, for sexual gratification, or threatening to share, carries up to 2 years. Taking and then sharing an image can lead to both charges.

Can I be charged with another offence instead?

If the facts do not fit Section 67A, other offences may be charged:

1. Outraging public decency, a common law offence, where the act happens in public and could be seen by two or more people.
2. Harassment or stalking. Where images are taken on more than one occasion and cause alarm or distress, this may be harassment under the Protection from Harassment Act 1997. The stalking offences in sections 2A and 4A of that Act were added by the Protection of Freedoms Act 2012.
3. Taking an indecent photograph of a child. Where the person is under 18, the image may be charged under the Protection of Children Act 1978, which carries up to 10 years.
4. Common assault, rarely, where taking the pictures causes the person to fear immediate unlawful violence.

What to do if you are accused of upskirting

1. Get legal advice before any police interview. Police station advice is free, whatever your income.
2. Do not delete anything. Deleting images will not undo an offence under section 67A(1), which needs no recording, and phones are routinely examined for deleted data.
3. Do not contact the complainant or witnesses.
4. Keep a note of where you were and who you were with, and anything showing an image was taken accidentally or without the intent the prosecution must prove.

Many people assume asking for a solicitor looks like guilt. It does not.

Accused of upskirting or voyeurism? Talk to our sexual offence solicitors, or call our 24-hour line on 07836 577 556.

Frequently asked questions

When did upskirting become illegal in the UK?

Upskirting became a specific offence in England and Wales on 12 April 2019, under the Voyeurism (Offences) Act 2019. Scotland had already criminalised it in 2010.

Can I be prosecuted if I deleted the photo?

Yes. Operating the equipment is an offence even if nothing was recorded, and deleted images can often be recovered forensically.

Will an upskirting conviction show on a DBS check?

A conviction will appear on standard and enhanced DBS checks, and a caution may also be disclosed.

Speak to our criminal defence solicitors today

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Written by Lisa Nicol, Managing Partner and Head of Crime, admitted as a solicitor in 2007. JD Spicer Zeb is authorised and regulated by the Solicitors Regulation Authority (SRA no. 55671).