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 Kansas, upskirting is considered a criminal offense under the state's statutes. Specifically, Kansas law addresses invasion of privacy in K.S.A. 21-6101, which includes provisions against the secret recording or photographing of a person's body under or through their clothing without consent where there is a reasonable expectation of privacy. This law would apply to upskirting, as it is a form of surreptitious recording. Additionally, Kansas may prosecute such behavior under its voyeurism laws, which prohibit photographing or recording a person for sexual gratification without their consent in situations where they have a reasonable expectation of privacy, such as in bathrooms or changing rooms. The exact charges and penalties can vary depending on the circumstances of the offense, but individuals found guilty of upskirting in Kansas could face significant legal consequences, including potential jail time and fines.