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 Dakota, upskirting is considered a criminal offense and is addressed under the state's voyeurism laws. Specifically, North Dakota Century Code 12.1-20-12.1 prohibits surreptitious intrusion of privacy. This statute makes it illegal to surreptitiously observe, photograph, or record a person when that person has a reasonable expectation of privacy, with the intent to arouse, gratify, or abuse that person's privacy. The law covers situations where the victim is in a private place, such as a restroom, locker room, or dressing room, or in circumstances where the person has a reasonable expectation of privacy. Upskirting would fall under this law as it involves the non-consensual recording or photographing of a person's intimate areas without their knowledge or consent, typically in a public place where the victim may have a reasonable expectation of privacy concerning the areas under their clothing. Violations of this law can result in criminal charges ranging from a Class A misdemeanor to a Class C felony, depending on the circumstances and whether the offense is a repeat violation.