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 Florida, upskirting is considered a criminal offense and is addressed under the state's voyeurism laws. Florida Statute 810.14, titled 'Voyeurism,' prohibits a person from secretly observing, photographing, or recording another person's intimate areas without their 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 person's clothing, such as a dress or skirt. Additionally, Florida Statute 810.145, known as the 'Video Voyeurism' statute, makes it illegal to intentionally use an imaging device to secretly view, broadcast, or record a person, for a lewd or lascivious purpose, without that person's knowledge and consent, in places where the person has a reasonable expectation of privacy. Violations of these laws can result in misdemeanor or felony charges, depending on the circumstances, such as the age of the victim and the offender's prior criminal history.