Voyeurism is a criminal offence under the Sexual Offences Act 2003. A conviction can lead to a prison sentence, registration as a sex offender and long-term restrictions on daily life. Individuals facing an allegation of voyeuristic behaviour often have limited knowledge of this area of law and may underestimate the severity of the potential consequences. It is important to understand the sentence you may be facing, and how an experienced solicitor can help in these situations.

This guide from the expert sexual offence solicitors at Tyler Hoffman outlines the sentencing framework applied by the courts in England and Wales, the aggravating and mitigating factors that influence a voyeurism sentence and the role legal representation plays in helping your case.

What is considered voyeurism under UK law?

In England and Wales, a person commits a voyeurism offence if they observe or record another individual engaging in a private act without their consent and for the purpose of obtaining sexual gratification. This is defined under section 67 of the Sexual Offences Act 2003, and expanded by the Voyeurism (Offences) Act 2019.

A private act in this context typically describes a situation where the person would expect privacy, such as:

• Undressing or dressing.
• Using the toilet or shower.
• Engaging in sexual activity.

The offence can also apply if the observation involved the genitals, buttocks or underwear, whether uncovered or partially covered, in circumstances where those parts would not otherwise be visible. The law does not require that the victim was aware of being observed.

In most cases, the prosecution must prove that the conduct was intentional, that there was no reasonable belief in the person’s consent, and that the act was carried out for sexual gratification.
Due to the serious penalties associated with this offence, and the implications it could have for your freedom and reputation, you should seek legal support as soon as you believe you are at risk of being charged with this crime.

How do voyeurism sentencing guidelines work?

Voyeurism offences can be tried in the Magistrates’ Court or the Crown Court, depending on how serious the conduct was and how much harm it caused. In the Magistrates’ Court, the maximum sentence is six months’ imprisonment, a fine or both. In the Crown Court, the maximum sentence increases to two years’ imprisonment.

Courts consider the level of culpability and harm when deciding sentences.

• Raised culpability applies where the offence involves planning, the use of equipment to record, targeting of a vulnerable victim or repeat offending.
• Raised harm is assessed based on the degree of psychological distress, any distribution of images and the impact on the victim’s personal circumstances.

There are no dedicated Sentencing Council guidelines that deal only with voyeurism offences. Instead, the courts use the Sexual Offences Definitive Guideline, which provides general rules for sentencing a wide range of sexual offences. Judges also look at previous cases with similar facts (known as analogous case law) and established sentencing principles for sexual offending. These materials help the court decide how serious the behaviour was and what kind of penalty is appropriate.

What are the sentencing ranges for voyeurism?

Sentences for voyeurism are determined by the facts of the case and the seriousness of the offender’s behaviour. Outcomes can include:

• Absolute or conditional discharges are reserved for isolated incidents with minimal harm, no recording and strong mitigating factors.
• Fines or community orders may be imposed for lower-level offending where there was no distribution, the harm was limited and the offender has no relevant previous convictions. Community orders can include unpaid work, rehabilitation activity requirements, or curfew restrictions.
• Suspended custodial sentences are often imposed when the offence involved deliberate planning or repeated behaviour but there is sufficient mitigation to avoid immediate custody.
• Immediate custodial sentences are more likely where there was found to be significant psychological harm, recording and sharing of material, a breach of trust or targeting of a vulnerable individual. In serious cases, the court may impose a sentence close to the statutory maximum of two years’ imprisonment.

If convicted, do you have to sign the Sex Offenders Register?

A conviction for voyeurism almost always results in a requirement to join the Sex Offenders Register. Registration periods are set by law and depend on the sentence imposed:

• Custodial sentence of six months or more: 10 years’ registration.
• Custodial sentence under six months: seven years’ registration.
• Community order or suspended sentence: five years’ registration.
• Conditional discharge: registration lasts for the duration of the discharge.

These requirements involve regular notifications to the police about your home address, foreign travel and any changes in circumstances. Failing to comply is a separate criminal offence.

What are aggravating and mitigating factors?

Sentencing for voyeurism takes into account any aggravating factors which can be seen to have increased culpability and harm. These may include:

• Prolonged or repeated offending.
• Use of equipment to record the victim.
• Deliberate targeting of a person with a serious medical condition, disability or other vulnerability.
• Distribution of recordings.
• Commission of the offence in breach of trust or authority.
• Prior convictions for other sexual offences.

Mitigating factors can reduce the severity of the sentence. They include:

• No prior convictions or relevant previous convictions.
• Evidence of genuine remorse.
• Mental disorder or other health issues affecting judgement.
• Early guilty plea.
• Limited planning and impulsive conduct.

Courts will assess the offender’s personal circumstances alongside the factual seriousness of the offence to decide the final sentence. It is essential to seek experienced criminal defence at the earliest opportunity to make sure all relevant mitigation is put forward and your side of the story is clearly presented in court.