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 Delaware, upskirting is considered a criminal offense and is addressed under the state's privacy and voyeurism laws. Specifically, Delaware Code Title 11, Section 1335, makes it illegal to intentionally invade the privacy of another person by secretly observing, photographing, or recording the person's intimate areas without consent when that person has a reasonable expectation of privacy. This includes upskirting, which is the act of taking unauthorized photographs or videos underneath a woman's dress or skirt. The law applies to situations where the victim is in a place where they would expect privacy, such as changing rooms, restrooms, or any other place where a person has a reasonable expectation of privacy. Violations of these laws can result in criminal charges ranging from misdemeanors to felonies, depending on the circumstances and the presence of aggravating factors, such as the dissemination of the images or prior criminal conduct.