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 North Carolina, upskirting is considered a criminal offense under the state's voyeurism laws. Specifically, North Carolina General Statutes § 14-202 addresses 'Secret Peeping,' which is a form of voyeurism. According to this statute, it is illegal to secretly spy on, or make a photographic image of another person for the purpose of arousing or gratifying sexual desire, without the consent of the person being recorded, and under circumstances in which the person has a reasonable expectation of privacy. This includes photographing or recording under or through a person's clothing, which would cover the act of upskirting. Violations of this law can result in misdemeanor or felony charges, depending on the circumstances, such as whether the offender has prior convictions or if the victim is a minor. The law has been designed to protect individuals from such invasions of privacy, even in public places where there might be a debate over the expectation of privacy.