Section 67(1) and (5), Sexual Offences Act 2003

Observe a person doing a private act

The statutory wording, points to prove, defences and penalty — verified against legislation.gov.uk (current revised versions, October 2026).

What the law says

Section 67(1), Sexual Offences Act 2003 — observing a private act
A person commits an offence if—
(a) for the purpose of obtaining sexual gratification, the person observes another person doing a private act, and
(b) the person knows that the other person does not consent to being observed for that sexual gratification.
Section 68(1), Sexual Offences Act 2003 — private act
For 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.
Section 67(5), Sexual Offences Act 2003 — mode and maximum
The offence is punishable on summary conviction by imprisonment not exceeding six months, a fine, or both; and on indictment by imprisonment not exceeding two years.

CJS codes

Official CJS offence index (June 2026)

SX03129Observe a person doing a private act

Points to prove

1. The defendant observed another person doing a private act.
2. The observation was for sexual gratification.
3. The defendant knew the other person did not consent to being observed for that purpose.
4. The act and place satisfied the complete Section 68(1) privacy definition.

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Mode of trial & maximum penalty

Either way — Mode and maximum penalty
Either way.
Summary conviction
Six months’ imprisonment, a fine of any amount, or both.
On indictment
Two years’ imprisonment, a fine of any amount, or both.
Out-of-court disposal
No offence-specific fixed penalty, penalty notice for disorder, endorsement, points or disqualification route is identified.

Sources

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