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 Nevada, upskirting is considered a criminal offense under the state's privacy and voyeurism laws. Nevada Revised Statutes (NRS) 200.604 specifically addresses 'capturing an image of the private area of another person,' which includes upskirting. This statute makes it illegal to secretly photograph or film the private area of a person without their consent when that person has a reasonable expectation of privacy. This applies to situations where the person is in a public or private place. Violating this law is a gross misdemeanor for a first offense and a category E felony for subsequent offenses. Additionally, NRS 200.603 addresses 'invasion of the home' by peeping, which can be related to voyeuristic behavior, although it is more specific to trespassing with the intent to peep. The state's approach to upskirting reflects a recognition of the individual's right to privacy, even in public spaces, and the laws are designed to protect against such invasive and non-consensual acts.