Exposure, voyeurism, upskirting and outraging public decency
Exposure (Sexual Offences Act 2003 s.66), voyeurism (s.67) and upskirting or breastfeeding voyeurism (s.67A) are triable either way with a maximum of 2 years. For adult offenders, notification applies only if the victim was under 18 or the sentence is custody, a hospital order or a community sentence of at least 12 months; under-18s are notified only if given at least 12 months' custody.
The offences
- Exposure (Sexual Offences Act 2003 s.66): intentionally exposing the genitals, intending someone will see them and either intending them to be caused alarm, distress or humiliation or, for sexual gratification, being reckless about it. The gratification limb and "humiliation" apply from 29 September 2026 (Crime and Policing Act 2026 s.113); before that, intended alarm or distress was required.
- Voyeurism (s.67): for sexual gratification, observing, recording or enabling others to observe someone doing a private act, knowing they do not consent, or installing equipment to do so. A private act means, where privacy is expected, being naked or in underwear, using a lavatory or a sexual act (s.68).
- Upskirting (s.67A(1)-(2), from 12 April 2019): operating equipment or recording under someone's clothing to see their genitals, buttocks or underwear, without consent or reasonable belief in it, for sexual gratification or to humiliate, alarm or distress.
- Breastfeeding voyeurism (s.67A(2A)-(2B), from 28 June 2022): operating equipment to observe, or recording, someone breastfeeding, for the same purposes, in public or private.
- Sexual activity in a public lavatory (s.71): summary only, 6 months.
- Outraging public decency (common law): a lewd or disgusting act in public capable of being seen by two or more people present, even if nobody saw it (R v Hamilton [2007] EWCA Crim 2062). Either way, no maximum; the CPS prefers a statutory charge such as exposure where one fits.
Mode of trial and maximum
Sections 66, 67 and 67A are either way, maximum 2 years. The magistrates' limit is 12 months for offences committed on or after 2 May 2022, otherwise 6 months (CJA 2003 s.282).
Defences
Disputes usually concern identification, purpose, and consent or belief in it.
Sentencing
The exposure and voyeurism guidelines start the most serious category at 26 weeks' custody (range up to 1 year for exposure, 18 months for voyeurism) and the others at high and medium level community orders. For voyeurism, recording, sharing and observing the victim at home raise the category. If the victim was under 18, grooming is a statutory aggravating factor for adults convicted from 29 June 2026 (Sentencing Code s.70A).
Notification
For an adult, exposure, voyeurism and s.67A offences for sexual gratification lead to notification only if the victim was under 18 or the sentence is imprisonment, a hospital order or a community sentence of 12 months or more. An offender under 18 is notified only if given at least 12 months' custody (Sch 3 paras 33, 34, 34A). Section 67A offences done only to humiliate or distress, s.71 and outraging public decency are not notifiable. For sexual harm prevention orders see Rape, assault by penetration and sexual assault.
Related offences and changes
For cyberflashing (s.66A) and sharing intimate images (s.66B) see Online and malicious communications offences. Crime and Policing Act 2026 Sch 13 will move the recording offences into new intimate image provisions (not in force on 5 November 2026).
Read the full guide on theodorous.uk
Authorities: Sexual Offences Act 2003 ss.66 (s.66(1)-(1A) substituted by Crime and Policing Act 2026 s.113, in force 29 September 2026), 66A, 66B, 67, 67A, 68, 71, Sch 3 paras 33, 34, 34A; Voyeurism (Offences) Act 2019 s.1 (in force 12 April 2019); Police, Crime, Sentencing and Courts Act 2022 s.48 (in force 28 June 2022); Crime and Policing Act 2026 (Commencement No. 3 and Saving Provisions) Regulations 2026 (S.I. 2026/960) reg.3(a); Crime and Policing Act 2026 Sch 13 (main provisions not yet in force); Criminal Justice Act 2003 s.282; Sentencing Code ss.70A, 224(1A); R v Hamilton [2007] EWCA Crim 2062; Sentencing Council, Exposure and Voyeurism guidelines (in force 1 April 2014, updated 5 October 2026); CPS Protests Annex A (outraging public decency)