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Change 1
As published
48 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.
Your change, as a redline
48 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.
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