Understanding the criminal offence of upskirting under the Voyeurism (Offences) Act 2019, and how to report it.
Upskirting is the act of taking a photograph or video under a person's clothing without consent to view their genitals or underwear, which is a criminal offence in the UK.
Upskirting is the act of taking a photograph or video under a person's clothing without their knowledge or consent, typically to see their genitals or underwear. The Voyeurism (Offences) Act 2019 made upskirting a specific criminal offence in England and Wales, punishable by up to two years in prison. In the most serious cases, perpetrators can be placed on the Sex Offenders Register. It can be committed in person or facilitated through technology, and affects children and adults.
Upskirting can be carried out using a mobile phone camera, a hidden camera, or other recording devices. The image may be taken for the perpetrator's personal sexual gratification or to share with others — both are criminal offences under the 2019 Act. The offence can occur in schools, on public transport, or in any public or private setting. When children are the victims of upskirting, it also constitutes indecent imagery of a child and carries additional criminal liability.
In your child's behaviour
On their device
Ensure pupils know it is a criminal offence
Many young people are unaware that upskirting is a criminal offence. Schools should include this in PSHE and RSE education, making clear the legal consequences and the serious harm it causes to victims.
Have clear reporting mechanisms in school
Pupils should know how to report concerns, including anonymously. Schools should take all reports seriously and treat them as potential criminal matters from the outset.
Do not share or view images
If an image is reported or discovered, do not view or share it. Sharing an upskirting image is itself a criminal offence. Contact the police immediately and preserve devices as potential evidence.
In immediate danger: call 999. For non-emergency police matters, call 101.
Concerned about a child but it's not an emergency? NSPCC helpline 0808 800 5000. Childline for young people 0800 1111.
This is practical educational content to support families. For case-specific concerns about a child's safety, contact the NSPCC helpline on 0808 800 5000 or your local safeguarding team.
Myth: Upskirting isn't really a crime — it's just a prank.
Fact: It is a specific criminal offence in England and Wales under the Voyeurism (Offences) Act 2019, in force since 12 April 2019. It covers taking or trying to take an image beneath someone's clothing without their consent, whether for sexual gratification or to humiliate, alarm or distress them. It carries a prison sentence, and in the most serious cases the person responsible is placed on the Sex Offenders Register.
Myth: The law against upskirting is the same everywhere in the UK, so wherever you live, it's covered the same way.
Fact: The Voyeurism (Offences) Act 2019 specifically covers England and Wales. Scotland already had this kind of behaviour, including upskirting, covered as voyeurism under the Sexual Offences (Scotland) Act 2009, and Northern Ireland later brought in its own separate upskirting offence. So upskirting is a criminal offence right across the UK — but which law applies, and the detail of it, depends on where it happens.
Myth: Upskirting only happens between strangers in crowded public places.
Fact: It doesn't require a stranger, and it isn't limited to festivals or public transport. It can be carried out by someone the victim knows — including another pupil — in a school corridor, a stairwell, or anywhere a phone or hidden camera can be used. Schools should treat every credible report seriously and involve the police, regardless of the relationship between those involved.
At this age, most children don't yet have their own phones, but cameras are everywhere — at swimming, sports day, on days out. Introduce simple privacy rules: nobody should film or photograph them without asking, especially around their body, and if they notice someone doing this, they should tell an adult straight away. Keep the message reassuring rather than frightening.
As more children get their own phones around this age, it's worth explaining plainly that using a phone to film or photograph under someone's clothing is a serious crime, not a joke or a dare — for the person doing it as much as for whoever encourages them. Encourage your child to tell a trusted adult straight away if they see someone holding a phone oddly near another pupil, rather than laughing it off.
This is a good age to name the offence directly: upskirting is a crime under the Voyeurism (Offences) Act 2019, whether it happens at school, on public transport, or anywhere else. If your teenager tells you they, or a friend, have been a victim, reassure them it's not their fault, don't view or share any image involved, and support them to tell the school's Designated Safeguarding Lead and the police.
Older teenagers are more likely to be out in public spaces — festivals, transport, part-time workplaces — where upskirting has been reported. Make sure they know it's a criminal offence wherever it happens, that they should report it to the police (101, or 999 if it's happening now), and that they shouldn't delete a device or images that could be needed as evidence.
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