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 Connecticut, upskirting is considered a criminal offense and is addressed under the state's voyeurism laws. Specifically, Connecticut General Statutes Section 53a-189a makes it illegal to knowingly photograph, film, video, or otherwise record another person's intimate parts, without that person's consent, under circumstances where such person has a reasonable expectation of privacy. This includes upskirting, which is the act of taking unauthorized photographs or videos underneath a person's clothing to view their intimate areas. Violation of this law is a Class D felony if the victim is 18 years of age or older, and a Class C felony if the victim is under 18. The law reflects the state's recognition of an individual's reasonable expectation of privacy, even in public places, against such invasive practices.