Voyeurism: UK Law, Sentencing and Defences (2026)
In Brief
Voyeurism is a criminal offence in the UK under the Sexual Offences Act 2003. It involves observing or recording someone doing a private act without their consent and for the purpose of sexual gratification. Voyeurism carries a maximum sentence of two years’ imprisonment in the Crown Court and up to 6 months in the Magistrates’ Court. A conviction could place you on the sex offenders register and will appear on standard and enhanced DBS checks for the rest of your life. If you are facing a voyeurism allegation, early legal advice from an experienced solicitor can make a significant difference to the outcome of your case.
What Is Voyeurism?
The definition of voyeurism has significantly widened in recent years to encompass a number of different acts.
The most widely recognised form of voyeurism is the act of observing or recording another person engaging in a private act, without their consent and for the purpose of obtaining sexual gratification. In everyday language, this is sometimes referred to as being a “peeping Tom.”
A “private act” is legally defined as an act carried out in a place where the person would reasonably expect privacy, and:
- the person’s genitals, buttocks or breasts are exposed or covered only with underwear;
- the person is using the toilet; or
- the person is engaging in a sexual act not ordinarily done in public.
It is important to understand that voyeurism is not limited to physically watching someone. It also covers the use of recording equipment, hidden cameras, or any other device to observe or capture images of a person in private.
Thus, a person commits an offence if they:
- Observe another person doing a private act, knowing that person does not consent to being observed for that purpose, for the purpose of sexual gratification
- Operate equipment to enable another person to observe a third person doing a private act, for the observer’s sexual gratification
- Record another person doing a private act, with the intention that they or a third person will look at the image for sexual gratification
- Install equipment or construct or adapt a structure, to enable any person to commit one of the offences above
Moreover, the law has expanded in recent years to deal with newer forms of voyeuristic behaviour. Voyeurism can now be committed in situations where a person secretly observes or records another person in ways that invade their privacy, even if the person is not carrying out a “private act” as defined above.
For instance, voyeurism now includes:
- Upskirting
This form of voyeurism involves using equipment, such as a phone or camera, beneath another person’s clothing in order to observe or record their genitals, buttocks, or underwear in circumstances where these would not otherwise be visible, without their consent.
Unlike the traditional voyeurism offence, the person does not have to act only for sexual pleasure. The offence is committed if the purpose is either to obtain sexual gratification or to humiliate, alarm, or distress the person being recorded or observed.
For more detail on upskirting, see our guide to upskirting offences.
- Acts Targeted at Breastfeeding
This type of voyeuristic behaviour occurs by operating equipment to observe someone while they are breastfeeding, or recording an image of them while they are breastfeeding, without their consent and without reasonably believing that they consent. As with upskirting, the behaviour must be done either for sexual gratification or for the purpose of humiliating, alarming, or distressing the person.
The legal definition of “breastfeeding” also includes situations where a person is adjusting their clothing in order to begin breastfeeding, or shortly after finishing breastfeeding. It does not matter whether the person is in a public or private place, or whether their breasts are actually visible.
Is Voyeurism a Criminal Offence in the UK?
Yes. The traditional form of voyeurism is a criminal offence under section 67 of the Sexual Offences Act 2003. The new forms of voyeurism, including upskirting and acts targeted at breastfeeding, are criminal offences under section 67A of the Sexual Offences Act 2003.
Voyeurism is classified as an either-way offence, meaning it can be tried in either the Magistrates’ Court or the Crown Court.
Potential Reform: Crime and Policing Bill 2025
The Crime and Policing Bill, currently progressing through Parliament, proposes to repeal the existing recording and upskirting offences under sections 67(3) and 67A(2) and replace them with three new offences covering the taking or recording of intimate photographs or film without consent. These new offences would broaden the range of conduct captured – for example, making it an offence to photograph down a person’s top without consent, which is not currently covered. The observing offences under section 67(1), (2), and (4) would remain unchanged.
However, at present, this is not the law.
Voyeurism Sentencing Guidelines
Voyeurism is an either-way offence. The maximum sentences are:
| Court | Maximum Sentence |
| Magistrates' Court | 6 months' custody |
| Crown Court | 2 years' custody |
The Sentencing Council’s definitive guideline for voyeurism (revised 1 April 2024) sets out three categories based on harm and culpability:
| Category | Starting Point | Range |
| Category 1 (higher culpability, greater harm) | 6 months’ custody | 12 weeks’ to 18 months’ custody |
| Category 2 (higher culpability or greater harm) | High level community order | Medium level community order to 6 months’ custody |
| Category 3 (lower culpability, lesser harm) | Medium-level community order | Fine to high-level community order |
Aggravating Factors
Courts will consider factors that increase the seriousness of the offence, including:
- Previous convictions
- Location of offence
- Timing of offence
- Offence committed in a domestic abuse context
- Failure to comply with current court orders
- Offence committed whilst on licence
- Distribution of images, whether or not for gain
- Placing images where there is the potential for a high volume of viewers
- Period over which victim observed
- Period over which images were made or distributed
- Any steps taken to prevent victim reporting an incident, obtaining assistance and/or from assisting or supporting the prosecution
- Attempts to dispose of or conceal evidence
Mitigating Factors
Factors that may reduce the sentence include:
- No previous convictions or no relevant/recent convictions
- Remorse
- Positive character and/or exemplary conduct (regardless of previous convictions)
- Age and/or lack of maturity (which may be applicable to offenders aged 18-25)
- Mental disorder or learning disability, particularly where linked to the commission of the offence
- Demonstration of steps taken to address offending behaviour
- Physical disability or serious medical condition requiring urgent, intensive or long-term treatment
- Difficult and/or deprived background or personal circumstances
- Prospects of or in work, training or education
What Are the Defences to a Voyeurism Charge?
Being accused of voyeurism does not mean you will be convicted. Several defences may be available depending on the circumstances:
No relevant intent. The prosecution must prove that the observation or recording was carried out for the necessary purpose of the specific offence. Depending on the type of voyeurism, this will either be intention to obtain sexual gratification or intention cause humiliation, alarm or distress. If the conduct was for a different purpose – for example, security monitoring – this element of the offence is not satisfied.
Reasonable belief in consent. For certain offences (particularly under section 67A), it is a defence to show that you reasonably believed the other person consented.
The act was not private. For the original form of voyeurism, the prosecution must prove that the person was engaged in a “private act” as defined by the legislation. If the act took place in circumstances where privacy could not reasonably be expected, this element may not be made out. However, it is important to remember that for some types of voyeurism, such as upskirting and acts targeting breastfeeding, there is no such “private” requirement.
Mistaken identity or insufficient evidence. As with any criminal offence, the prosecution bears the burden of proving the case beyond reasonable doubt. Challenges to identification evidence, CCTV quality, or digital forensic evidence may form part of the defence.
If you are under investigation or have been charged, it is essential to speak to a solicitor before your police interview. What you say at that stage can significantly affect the outcome. Read our guide on whether you should say “no comment” in a police interview.
Will I Go on the Sex Offenders Register?
A conviction for voyeurism could result in placement on the sex offenders register (formally known as the Violent and Sex Offender Register, or ViSOR). Whether this will happen and, if so, the duration of registration, depends on the facts of the case and the sentence received.
Registration requires you to notify the police of your name, address, and other personal details. You must also inform the police within three days of any changes to these details.
For more information, see our article on what is the sex offenders register.
How a Voyeurism Conviction Affects Your Future
Beyond the immediate sentence, a voyeurism conviction carries serious long-term consequences:
DBS Checks and Employment. Voyeurism is a “specified offence” under the Rehabilitation of Offenders Act 1974 (Exceptions) Order. This means it will always appear on a standard and enhanced DBS check and is never filtered, regardless of how much time has passed. This can affect your ability to work in roles involving children, vulnerable adults, healthcare, education, and many other sectors.
Travel. Some countries, including the United States, Canada, and Australia, may refuse entry to individuals with sexual offence convictions.
Family Proceedings. A voyeurism conviction may be raised in family court proceedings relating to child contact or custody arrangements.
Sexual Harm Prevention Orders. The court may impose a Sexual Harm Prevention Order (SHPO), which can restrict your use of the internet, your contact with children, or your ability to visit certain locations.
How JD Spicer Zeb Can Help
If you have been accused of voyeurism, or you are under police investigation for a voyeurism offence, getting specialist legal advice early is critical. At JD Spicer Zeb, our sexual offences solicitors have extensive experience defending clients facing allegations of this nature.
We can assist you at every stage, including:
- Advising you before and during police interviews
- Analysing the evidence against you
- Building a robust defence strategy
- Representing you in the Magistrates’ Court or Crown Court
- Negotiating with the CPS where appropriate
Our team is available 24 hours a day, 7 days a week. Contact us today for confidential advice:
- London: 020 7624 7771
- Birmingham: 0121 614 3333
- Manchester: 0161 835 1638
- 24/7 Emergency Line: 07836 577 556
Frequently Asked Questions
Is voyeurism always a sexual offence?
Yes. Voyeurism offences under the Sexual Offences Act 2003 are classified as sexual offences. A conviction could result in placement on the sex offenders register and will appear on DBS checks.
What is the difference between voyeurism and upskirting?
Upskirting is a specific form of voyeurism under section 67A, which covers operating equipment beneath a person’s clothing to observe or record their genitals or buttocks. Upskirting does not require proof of sexual gratification – it can also be charged where the purpose was to cause alarm, distress, or humiliation.
Can I go to prison for voyeurism?
Yes. The maximum sentence in the Crown Court is two years’ imprisonment. Even in the Magistrates’ Court, the maximum is 6 months’ custody. Whether a custodial sentence is imposed depends on the seriousness of the offence and the facts of the case.
Will a voyeurism charge appear on my criminal record?
If you are convicted or accept a caution for voyeurism, it will appear on your criminal record. As a sexual offence, a voyeurism conviction is never “spent” for the purposes of standard and enhanced DBS checks, meaning it will always be disclosed to employers.
What should I do if I am accused of voyeurism?
Seek legal advice immediately. Do not discuss the allegations with anyone other than your solicitor. If the police wish to interview you, you have the right to have a solicitor present. What you say during a police interview can significantly affect your case. Contact JD Spicer Zeb for immediate, confidential advice.
Can a voyeurism case be dropped?
Yes. If the evidence is insufficient or there are issues with the prosecution’s case, the CPS may decide to offer no further action. A solicitor can make representations to the CPS to argue that the case should not proceed. Read our guide on what evidence the CPS needs to charge someone.