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 Minnesota, upskirting is considered a violation of privacy and is addressed under the state's criminal statutes. Specifically, Minnesota law prohibits the nonconsensual dissemination of private sexual images, which can include upskirting. This is covered under Minnesota Statutes section 617.261, which makes it a crime to intentionally capture a photo or video of another person's private parts without their consent when the person has a reasonable expectation of privacy. Additionally, the state's interference with privacy statute, under Minnesota Statutes section 609.746, criminalizes the act of surreptitiously gazing, staring, or peeping in the window or other aperture of a house or place of dwelling of another. Violations of these laws can result in criminal charges ranging from misdemeanors to felonies, depending on the circumstances of the offense and the harm caused. It is important for individuals to understand that upskirting is illegal in Minnesota and can lead to serious legal consequences.