Moved by
Lord Wolfson of Tredegar
107A: After Clause 46, insert the following new Clause—
“Voyeurism: breast-feeding
(1) Section 67A of the Sexual Offences Act 2003 (voyeurism: additional offences) is amended as follows.
(2) After subsection (2) insert—
“(2A) A person (A) commits an offence if—
(a) A operates equipment,
(b) A does so with the intention of enabling A or another person (C), for a purpose mentioned in subsection (3), to observe another (B) while B is breast-feeding a child, and
(c) A does so—
(i) without B’s consent, and
(ii) without reasonably believing that B consents.
(2B) A person (A) commits an offence if—
(a) A records an image of another (B) while B is breast-feeding a child,
(b) 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
(c) A does so—
(i) without B’s consent, and
(ii) without reasonably believing that B consents.”
(3) In subsection (3), for “and (2)” substitute “to (2B)”.
(4) After subsection (3) insert—
“(3A) In this section a reference to B breast-feeding a child includes B re-arranging B’s clothing—
(a) in the course of preparing to breast-feed the child, or
(b) having just finished breast-feeding the child.
(3B) It is irrelevant for the purposes of subsections (2A) and (2B)—
(a) whether or not B is in a public place while B is breast-feeding the child,
(b) whether or not B’s breasts are exposed while B is breast-feeding the child, and
(c) what part of B’s body—
(i) is, or is intended by A to be, visible in the recorded image, or
(ii) is intended by A to be observed.””
Member’s explanatory statement
This new Clause creates new offences of recording images of, or otherwise observing, breast-feeding without consent or a reasonable belief as to consent. To be guilty of the offence the perpetrator must be acting for the purpose of obtaining sexual gratification or of humiliating, alarming or distressing the victim.