Upskirting law in the UK: what counts, the penalties and how to report it

Upskirting is a criminal offence everywhere in the UK. In England and Wales, section 67A of the Sexual Offences Act 2003, in force since 12 April 2019, makes it illegal to use a phone or camera beneath someone’s clothing, or record an image there, without consent, for sexual gratification or to humiliate, alarm or distress them. The maximum sentence is 2 years in prison. Scotland (up to 5 years) and Northern Ireland (up to 2 years) have their own upskirting offences.

Updated 23 October 2026 · Sources: legislation.gov.uk (Sexual Offences Act 2003 s67A; Sexual Offences (Scotland) Act 2009 s9 and Schedule 2; Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022; Crime and Policing Act 2026), CPS legal guidance, police.uk, British Transport Police, national helplines

In danger now? Call 999

If someone is filming you, following you or making you feel unsafe right now, call 999. On a train or the Tube, text British Transport Police on 61016 with your location, or call 0800 40 50 40. If you can’t speak on a 999 call from a mobile, stay on the line and press 55 when asked.

Upskirting law at a glance

2 years

Maximum prison sentence for upskirting in England and Wales, and in Northern Ireland, on conviction in the Crown Court.

5 years

Maximum sentence for voyeurism, including upskirting, in Scotland on conviction on indictment.

2019

Upskirting became a specific crime in England and Wales on 12 April 2019, under the Voyeurism (Offences) Act 2019.

Penalties: Sexual Offences Act 2003 s67A(4); Sexual Offences (Scotland) Act 2009 Schedule 2; Justice (Sexual Offences and Trafficking Victims) Act (NI) 2022 explanatory notes. Checked 23 October 2026.

What is upskirting?

Upskirting means using a phone, camera or other device under a person’s clothing, without their consent, to see or capture their genitals, buttocks or underwear. Police.uk describes it as a form of voyeurism that applies to any clothing, not only skirts or dresses, and notes that it often happens in crowded places such as public transport and festivals.

It can happen to anyone, of any gender or age. The person doing it may hold a phone low on an escalator, slide it under a table, or film while standing close in a packed carriage. You may not notice at the time: many people only find out when someone else sees it happening or when an image appears online.

Is upskirting illegal in the UK?

Yes. Upskirting has been a specific crime in England and Wales since 12 April 2019, in Scotland since 1 December 2010, and in Northern Ireland under articles added to the Sexual Offences (Northern Ireland) Order 2008 by a 2022 Act. In each nation the offence covers both operating equipment under clothing and recording an image there.

In England and Wales, section 67A creates two offences. The first is operating equipment beneath someone’s clothing to let you or another person see their genitals or buttocks, or the underwear covering them, where they would not otherwise be visible. The second is recording an image in the same circumstances. For either, the act must be done without consent (and without a reasonable belief in consent) and for one of two purposes: obtaining sexual gratification, or humiliating, alarming or distressing the victim. The CPS points out that the first offence does not need any recording at all.

Since 28 June 2022, section 67A has also made it an offence in England and Wales to observe or record someone breastfeeding without consent for the same purposes, wherever the feeding takes place.

What is the punishment for upskirting in the UK?

The maximum punishment for upskirting is 2 years in prison in England and Wales and in Northern Ireland, and 5 years in Scotland, when the case is tried in the higher court (October 2026). Less serious cases heard in a magistrates’ or sheriff court carry a shorter prison term, a fine, or both. The table compares the three laws.

Source: legislation.gov.uk, checked 23 October 2026. “Higher court” means the Crown Court (England, Wales, NI) or solemn procedure (Scotland).

Does upskirting put you on the sex offender register?

Upskirting can lead to the sex offender register in England and Wales, but not automatically. The CPS says that when the offence was committed for sexual gratification, the same thresholds apply as for other voyeurism offences (Schedule 3, paragraph 34A of the Sexual Offences Act 2003), so the more serious sexual cases trigger notification requirements. Cases done only to humiliate someone are treated differently.

Victims of voyeurism offences are also entitled to anonymity: the media cannot publish your name, photo, address or anything else likely to identify you.

Is the upskirting law changing in 2026?

Yes, but not yet in practice. The Crime and Policing Act 2026, which received Royal Assent on 29 April 2026, contains a schedule on intimate photographs, films and voyeurism (Schedule 13) that will remove the separate recording offence in section 67A(2) as part of a wider overhaul. As of 23 October 2026, legislation.gov.uk lists those voyeurism changes as not yet in force, so section 67A still applies as written.

Some parts of the 2026 Act are already live. Since 29 June 2026, online services have had a duty under the Online Safety Act 2023 to take down intimate image content within 48 hours of a qualifying report, subject to exceptions, and it is now an offence to make or supply “nudification” tools that generate fake intimate images.

How the UK’s upskirting laws developed

1 December 2010: Scotland

The Criminal Justice and Licensing (Scotland) Act 2010 adds operating equipment and recording beneath clothing to Scotland’s voyeurism offence.

12 April 2019: England and Wales

The Voyeurism (Offences) Act 2019 inserts section 67A into the Sexual Offences Act 2003, making upskirting a specific crime with up to 2 years in prison.

28 June 2022: breastfeeding

The Police, Crime, Sentencing and Courts Act 2022 extends section 67A to observing or recording someone breastfeeding without consent.

2022: Northern Ireland

The Justice (Sexual Offences and Trafficking Victims) Act (NI) 2022 creates up-skirting and down-blousing offences; the Act was fully in force by 27 November 2023.

31 January 2024: sharing images

In England and Wales, sharing an intimate image without consent becomes an offence under section 66B of the Sexual Offences Act 2003, without any need to prove intent to cause distress.

29 April 2026: Crime and Policing Act

Royal Assent for a wider reform of intimate image and voyeurism offences. The voyeurism changes still await a start date (as of 23 October 2026).

How do I report upskirting?

Report upskirting to the police by calling 999 if it is happening now or the person is still nearby, or 101 or your force’s online form if it has already happened. On trains and the Tube, text British Transport Police on 61016. Reporting quickly gives the police the best chance to check CCTV and find the phone. Not sure which number fits? Our guide to when to call 999 or 101 explains the difference, and where to report a crime in the UK lists every official route.

1. Get safe, then call

Move away from the person. Call 999 if it is happening now or they are still close by. Otherwise call 101 or report online to your local force.

2. On a train or the Tube

Text British Transport Police on 61016, starting with your exact location (train, carriage, station), or call 0800 40 50 40. You don’t have to give your name.

3. Note the details

Write down the time, place, bus or train number and what you saw, including what the person was wearing. Don’t confront them or try to grab the phone.

4. Tell staff or security

In a shop, venue, station or festival, staff and security can call the police for you and ask for CCTV to be kept.

Crowded places are where upskirting is most often reported, so the same habits that help on a night bus or late train or at a festival or concert apply: stand where staff or cameras can see you, and keep your phone ready to report.

What if an upskirt image of me has been shared online?

If an image taken under your clothing has been shared online, report it to the police and to the platform, and get specialist help to have it removed. In England and Wales, sharing an intimate image without consent has been a separate offence under section 66B of the Sexual Offences Act 2003 since 31 January 2024, and since 29 June 2026 platforms must act on qualifying reports within 48 hours.

  • Keep evidence: screenshot messages telling you about the image and note the web addresses, but don’t forward the image itself.
  • Adults (18+): the Revenge Porn Helpline, 0345 6000 459 (Monday to Friday, 10am to 4pm, not bank holidays) or help@revengepornhelpline.org.uk, can help get content taken down. StopNCII.org lets you create a digital fingerprint of an image so partner platforms can block it.
  • Under 18: use Childline and the IWF’s Report Remove tool, or call Childline free on 0800 1111.

What should I do if I see someone upskirting?

If you see someone upskirting, report it straight away by calling 999 if it is happening now, or texting 61016 on the railway, without putting yourself at risk. You can quietly tell the person targeted, alert staff or the driver, and note what you saw so you can give a witness statement. The same safe ways to step in used for street harassment work here.

If the behaviour is part of a pattern, such as the same person repeatedly targeting you, our guide to harassment law in the UK explains the other offences and orders that may help.

Where can I get support after upskirting?

You can get free, confidential support whether or not you report to the police. There is no right or wrong way to feel afterwards. These services were checked on 23 October 2026:

  • England and Wales: Victim Support Supportline, 08 08 16 89 111 (free, 24 hours a day, every day).
  • Scotland: Rape Crisis Scotland helpline, 08088 01 03 02 (free, 5pm to midnight every day), or text 07537 410 027.
  • Northern Ireland: Victim Support NI, 028 9024 3133 (Monday to Friday, 9am to 5pm).
  • Images shared online (adults, UK): Revenge Porn Helpline, 0345 6000 459.
  • Under 18 anywhere in the UK: Childline, 0800 1111.

If you were also touched or sexually assaulted, a sexual assault referral centre (SARC) can help, with or without a police report.

Upskirting myths and facts

Myth: “It only counts under a skirt”

Fact: the law is about filming beneath any clothing, including shorts and trousers, and it protects people of every gender.

Myth: “No photo, no crime”

Fact: in England and Wales, operating a phone or camera under someone’s clothing is an offence even if nothing is recorded.

Myth: “It’s only a crime if it’s sexual”

Fact: doing it to humiliate, alarm or distress someone is also covered, so “it was a prank” is no defence.

Myth: “Public places don’t count”

Fact: the offence applies anywhere, and police say it often happens in busy public places like trains, escalators and festivals.

Upskirting sits alongside other offences covered in our hub, your rights and the law. If you need to call for help without speaking, learn how a silent 999 call works.

Frequently asked questions

Upskirting became a specific offence in England and Wales on 12 April 2019, when the Voyeurism (Offences) Act 2019 added section 67A to the Sexual Offences Act 2003. Scotland had already created its offence on 1 December 2010.

Up to 2 years in England and Wales and in Northern Ireland, and up to 5 years in Scotland, for cases tried in the higher court (as of October 2026). Lower courts can give a shorter prison term, a fine, or both.

Northern Ireland has a specific down-blousing offence (Article 71B, since the 2022 Act). England, Wales and Scotland have no offence with that name in October 2026, so whether it is a crime depends on the facts. Report it and let the police decide.

No. Report what you saw or felt; the police can check CCTV, witnesses and the suspect’s phone. In England and Wales, operating a camera under clothing is an offence even without a recording (section 67A(1), in force since 2019).

The Crime and Policing Act 2026 (Royal Assent 29 April 2026) will reform voyeurism and intimate image offences, but as of 23 October 2026 the voyeurism changes are not in force, so section 67A still applies in England and Wales.

Sources

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