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 Arkansas, upskirting is considered illegal and is addressed under the state's voyeurism laws. Arkansas Code Annotated § 5-16-101 defines voyeurism, which includes the act of secretly observing, photographing, videotaping, digitally recording, or by any other electronic means, viewing, or recording another person without that person's consent in situations where the person has a reasonable expectation of privacy. This includes areas where a person would disrobe, such as changing rooms or restrooms, as well as upskirting, which is the act of photographing underneath a person's clothing without consent. The law in Arkansas recognizes that even in public places, individuals maintain a reasonable expectation of privacy with respect to the areas of their bodies covered by clothing. Violations of these voyeurism statutes can result in criminal charges ranging from misdemeanors to felonies, depending on the circumstances of the offense and whether it is a repeat offense.