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 Nebraska, upskirting is considered a criminal offense and is addressed under the state's invasion of privacy laws. Specifically, Nebraska Revised Statute 28-311.08 prohibits intruding upon the privacy of another person without his or her consent by photographing, filming, videotaping, recording, or otherwise viewing their body or undergarments worn by that individual under circumstances in which the individual has a reasonable expectation of privacy. This includes upskirting, which is the act of taking unauthorized photographs or videos underneath a person's clothing, such as a dress or skirt. Violation of this law is considered a Class I misdemeanor. Additionally, Nebraska may prosecute such behavior under its voyeurism laws, which make it illegal to secretly observe or record another person for sexual arousal or gratification without their knowledge and consent when they are in a state of undress or involved in certain private activities. The specific charges and penalties can vary depending on the circumstances of the case and the presence of aggravating factors, such as distributing the images or recording minors.