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 Jersey, upskirting is considered a criminal offense and is addressed under the state's invasion of privacy laws. Specifically, New Jersey Statute 2C:14-9 criminalizes the act of photographing, filming, videotaping, recording, or otherwise reproducing the image of another person's intimate parts without that person's consent when that person has a reasonable expectation of privacy. This law applies to upskirting because it involves non-consensual recording of the intimate areas of a person's body. Violating this statute is a third-degree crime if the victim is an adult and a second-degree crime if the victim is a minor. Additionally, the state's laws on disorderly conduct and harassment may also apply to upskirting behaviors, depending on the circumstances of the incident. New Jersey's approach to upskirting reflects a recognition of the victim's right to privacy, even in public spaces, and the state's commitment to prosecuting such invasive acts.