Naturism and The Law

Naturism and the Law - Voyeurism

For the first time in Britain, the Sexual Offences Act 2003 created an offence of "voyeurism":

It remains to be seen whether or not this new offence will offer naturists any effective protection from "peeping toms" or hidden cameras . It would seem unlikely that the law could be used where the victim was on a public beach, but might be applicable to a well-screened private garden or club grounds - this will have to be determined by the outcome of any cases that may arise.

Details of the new offence are as follows:

Section 67: Voyeurism

(1) A person commits an offence if-

(a) for the purpose of obtaining sexual gratification, he observes another person doing a private act, and
(b) he knows that the other person does not consent to being observed for his sexual gratification.

(2) A person commits an offence if-

(a) he operates equipment with the intention of enabling another person to observe, for the purpose of obtaining sexual gratification, a third person (B) doing a private act, and
(b) he knows that B does not consent to his operating equipment with that intention.

(3) A person commits an offence if-

(a) he records another person (B) doing a private act,
(b) he does so with the intention that he or a third person will, for the purpose of obtaining sexual gratification, look at an image of B doing the act, and
(c) he knows that B does not consent to his recording the act with that intention.

(4) A person commits an offence if he

installs equipment, or constructs or adapts a structure or part of a structure, with the intention of enabling himself or another person to commit an offence under subsection (1).

(5) A person guilty of an offence under this section is liable -

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.

For the purposes of section 67, a person is doing a "private act" if the person is in a place which, in the circumstances, would reasonably be expected to provide privacy, and -

(a) the person's genitals, buttocks or breasts are exposed or covered only with underwear,
(b) the person is using a lavatory, or
(c) the person is doing a sexual act that is not of a kind ordinarily done in public.

In section 67, "structure" includes a tent, vehicle or vessel or other temporary or movable structure.

Please Note:
The information given on this page is intended only as a general guide to the the legal position . It was not written by a legally-qualified individual.
It should not be relied upon as a definitive guide to the law , and is only applicable to England and Wales. The law in Scotland and Northern Ireland may be different.
Neither the author nor the publishers of this FactFile can be held responsible should naturism or nudity cause you to be arrested and / or prosecuted for any offence.