Upskirting is the act of secretly or surreptitiously photographing underneath a woman’s dress or skirt. Because upskirting often occurs in public places, laws prohibiting the practice have been challenged on the ground that the victim does not have a reasonable expectation of privacy.

Laws regarding upskirting behavior—including photographing or videotaping a person in a bathroom or changing room—vary from state to state. In some states this conduct is prosecuted as a criminal offense under invasion of privacy, voyeurism, unlawful surveillance, surreptitious recording, disorderly conduct, or public lewdness statutes—depending on the state and its current laws.

Upskirting and the related criminal offenses for which upskirting may be prosecuted are located in a state’s statutes—often in the penal or criminal code.

In Alaska, upskirting is considered a violation of privacy and is addressed under the state's voyeurism laws. Alaska Statute § 11.61.123 specifically criminalizes the act of 'indecent viewing or photography' and makes it a crime to knowingly view, photograph, or record another person's private parts without consent, in circumstances where the person has a reasonable expectation of privacy. This includes situations where someone would surreptitiously photograph underneath a woman's dress or skirt. The law covers areas where individuals have a reasonable expectation of privacy, such as bathrooms, changing rooms, and other similar private spaces. Violations of these provisions can result in serious criminal charges, which may vary in severity depending on the circumstances of the offense, including whether the victim is a minor and whether the offense is a repeat occurrence.