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 Oregon, upskirting is considered a criminal offense and is addressed under the state's invasion of privacy laws. Specifically, Oregon Revised Statutes (ORS) 163.700, known as the 'Invasion of Personal Privacy' statute, makes it unlawful to photograph, videotape, or otherwise record another person's intimate areas without their consent when that person has a reasonable expectation of privacy. This includes situations where the person is in a place where they would have a reasonable expectation of privacy, such as a dressing room, bathroom, or their own home. Additionally, ORS 163.693, 'Unlawful Dissemination of an Intimate Image,' prohibits the sharing of intimate images without consent. Violations of these laws can result in criminal charges ranging from misdemeanors to felonies, depending on the circumstances and the severity of the offense. Oregon's approach to upskirting reflects a recognition of the individual's right to privacy and the state's commitment to protecting that right against surreptitious recording practices.