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 Hawaii, upskirting is considered a violation of privacy and is addressed under Hawaii's penal code. Specifically, Hawaii Revised Statutes Section 711-1111 prohibits 'Violation of Privacy in the First Degree' which includes the act of knowingly installing or using any device for the purpose of observing, recording, amplifying, or broadcasting another person in a stage of undress or sexual activity without the person's consent. Additionally, Section 711-1110.9 covers 'Violation of Privacy in the Second Degree' which includes similar acts but under slightly different circumstances. These statutes make it clear that individuals have a reasonable expectation of privacy against such invasive acts, even in public places. The law does not require that the victim be in a location where there is an expectation of privacy. Therefore, upskirting can be prosecuted as a criminal offense in Hawaii, and those found guilty may face significant penalties, including imprisonment and fines.