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 California, upskirting is illegal and considered a form of invasion of privacy. California Penal Code Section 647(j)(1) specifically prohibits the act of secretly videotaping, filming, photographing, or recording another person's body under or through their clothing without their consent when they have a reasonable expectation of privacy. This law addresses the concerns that upskirting often occurs in public places where the victim may not have a reasonable expectation of privacy. Additionally, California law classifies certain acts of upskirting as disorderly conduct, which can be prosecuted under Penal Code Section 647. The state takes these offenses seriously, and individuals convicted of upskirting can face significant penalties, including fines and imprisonment. The exact charges and penalties can vary based on the circumstances of the offense and the presence of aggravating factors, such as prior convictions or the distribution of the images.