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 York, upskirting is considered a criminal offense and is addressed under the state's unlawful surveillance laws. Specifically, New York Penal Law sections 250.45 to 250.60 deal with unlawful surveillance, which includes the act of upskirting. Under these statutes, it is a felony to surreptitiously record or broadcast an image of the intimate parts of another person without their consent when that person has a reasonable expectation of privacy, regardless of whether the person is in a public or private place. This means that upskirting can be prosecuted even if it occurs in a public area. The law covers situations where the individual's intimate parts are not visible to the public and the person has not consented to being photographed or recorded. Violations of these laws can result in serious penalties, including imprisonment and fines. It's important to note that the legal landscape is subject to change, and individuals should consult an attorney for the most current legal advice.