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 Michigan, upskirting is considered a criminal offense and is addressed under the state's penal code. Specifically, Michigan law prohibits capturing/distributing the image of an unclothed person (Michigan Penal Code 750.539j) and using a device to capture an image of a person's genitalia, buttocks, or, in the case of a female, breasts, under circumstances in which the person would have a reasonable expectation of privacy (Michigan Penal Code 750.539d). This includes upskirting, which is the act of taking unauthorized photographs or videos under a person's clothing. The law applies even if the person's intimate parts are covered by clothing at the time of the offense. Violation of these laws can result in serious criminal charges, including felony charges, depending on the circumstances of the offense and the age of the victim. The challenge to these laws based on the argument that there is no reasonable expectation of privacy in public places has not superseded the protections offered by Michigan statutes against such invasive behavior.