Part 2: Prevention, investigation and prosecution of crime Chapter 4: Other provisions Section 48: Voyeurism: breast-feeding
Section 48 adds to the voyeurism offences in section 67A of the 2003 Act.
	Subsection (2) inserts new subsections (2A) and (2B) into section 67A which provide for two new offences.
	New section 67A(2A)(a) states that it will be an offence if a person (A) operates equipment under certain circumstances.
	New section 67A(2A)(b) gives the required intention for this offence: that A or a third party (C) will observe, for a particular purpose, another person (B) whilst they are breast-feeding a child.
	New section 67A(2A)(b) also sets out that the purposes referred to are those set out in the existing section 67A(3), namely to obtain sexual gratification or to humiliate, alarm or distress the person who is breastfeeding.
	New section 67A(2A)(c) sets out a requirement that person A must act without B’s consent or without a reasonable belief that B consents to the actions described in new section 67A(2A)(a) and (b).
	New section 67A(2B)(a) states that it will be an offence if a person (A) records an image of another (B) whilst they are breast-feeding a child.
	New section 67A(2B)(b) gives the required intention for this offence: that A or a third party (C) will observe, for a particular purpose, B.
	New section 67A(2B)(b) also sets out that the purposes referred to are those set out in the existing section 67A(3).
	New section 67A(2B)(c) sets out a requirement that person A must act without B’s consent or without a reasonable belief that B consents to the actions described in new section 67A(2B)(a) and (b).
	Subsection (3) makes a consequential amendment to section 67A(3).
	Subsection (4) inserts new subsections (3A) and (3B) into section 67A to clarify the language used in new subsections (2A) and (2B).
	New section 67A(3A)(a) and (b) state that any references to breast-feeding a child include rearranging B’s clothing whilst preparing to breastfeed or having just finished breast-feeding the child.
	New section 67A(3B)(a) and (b) set out that it is irrelevant whether B is in a public place or whether B’s breasts are exposed whilst breast-feeding the child for the purposes of new subsections (2A) and (2B).
	New section 67A(3B)(c)(i) and (ii) clarify that it is irrelevant which parts of B’s body are, or are intended to be visible in the recorded image, or are intended to be observed for the purposes of new subsections (2A) and (2B).
	The penalty for these new offences is as set out in the existing section 67A(4) and (5) which provides that on summary conviction imprisonment shall not exceed 6 months (rising to 12 months when paragraph 24(2) of Schedule 22 to the Code is commenced), or an unlimited fine, or both, and on indictment, imprisonment shall not exceed 2 years.