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 Idaho, upskirting is considered a criminal offense and is addressed under the state's privacy and voyeurism laws. Specifically, Idaho Code § 18-6609 prohibits voyeurism, which includes the act of secretly or surreptitiously photographing, filming, or otherwise recording another person without that person's consent, in a place where the person has a reasonable expectation of privacy. This law would apply to upskirting, as it involves recording images beneath a person's clothing where they would expect privacy. The statute makes it a felony to commit such acts for the purpose of sexual gratification. Additionally, Idaho's laws against disorderly conduct may also apply to upskirting in public places. It's important to note that the interpretation of 'reasonable expectation of privacy' can vary, but Idaho law aims to protect individuals from such invasive behaviors, and those found guilty of upskirting can face serious legal consequences.