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 New Hampshire, upskirting is considered a criminal offense under the state's privacy laws. Specifically, RSA 644:9, the state's 'Violation of Privacy' statute, prohibits the act of photographing, filming, or otherwise recording another person's intimate parts without consent, under circumstances that would cause a reasonable person to believe that the subject's intimate parts would not be visible to the public. This includes upskirting, which is the act of taking unauthorized photographs or videos underneath a person's clothing to view their intimate areas. New Hampshire law treats upskirting as a serious invasion of privacy, and individuals caught engaging in this behavior can face criminal charges, which may include fines and imprisonment. The state's approach to upskirting reflects a recognition of the expectation of privacy individuals have, even in public places, regarding the parts of their bodies covered by clothing.