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 Kentucky, upskirting is considered a criminal offense under the state's voyeurism laws. Kentucky Revised Statutes (KRS) 531.090 specifically addresses voyeurism, which includes the act of secretly observing, filming, or photographing a person's private areas without their consent in situations where they have a reasonable expectation of privacy. This would cover the act of upskirting. The law makes it clear that it is illegal to engage in such behavior, and individuals found guilty of voyeurism can face serious penalties, including fines and imprisonment. The statute also covers other forms of surreptitious recording or observation in places like bathrooms and changing rooms. The expectation of privacy extends to public places where an individual would not expect to be recorded or observed in such a manner. Therefore, despite challenges that have been raised regarding the expectation of privacy in public, Kentucky law provides protections against upskirting and similar invasions of privacy.