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 Missouri, upskirting is considered a criminal offense and is addressed under the state's invasion of privacy laws. Missouri Revised Statutes Section 565.252 specifically prohibits the act of knowingly photographing or filming another person without that person's consent while the person is in a state of full or partial nudity and in a place where he or she would have a reasonable expectation of privacy. This includes upskirting, which is the act of taking unauthorized photographs or videos underneath a person's clothing to view their genitals, buttocks, or undergarments. The law covers situations where the victim may be in public but still has an expectation of privacy with respect to the areas of the body that are typically covered. Violation of these privacy laws can result in serious criminal charges, and the severity of the charges can vary depending on the circumstances, such as the age of the victim and the distribution of the images or videos taken.