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 Maryland, upskirting is considered a criminal offense under the state's Visual Surveillance laws, specifically under Maryland Criminal Law Code § 3-902 and § 3-903. These statutes make it illegal to conduct visual surveillance of another person without their consent in a private place, including the area under a person's clothing, with prurient intent. The law covers situations where the victim has a reasonable expectation of privacy, such as in dressing rooms, restrooms, or their own home. Additionally, Maryland law prohibits the distribution of images obtained through such illegal surveillance. Violations of these laws can result in misdemeanor or felony charges, depending on the circumstances, with penalties that may include fines and imprisonment. It's important to note that the expectation of privacy extends to public places where upskirting typically occurs, and the law is designed to protect individuals from this invasive behavior.