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 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.
1. 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.
2. 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.
3. 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.
Last reviewed: 2026-04-10