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 Pennsylvania, upskirting is considered a criminal offense and is addressed under the state's invasion of privacy laws. Specifically, Pennsylvania law prohibits the act of photographing, videotaping, or otherwise recording the intimate parts of a person without their consent in situations where they have a reasonable expectation of privacy. This includes upskirting, which is the act of taking unauthorized photographs or videos underneath a person's clothing. The law applies even in public places where a person would reasonably expect privacy under their clothing. Violations of these privacy laws can result in criminal charges, which may vary in severity depending on the circumstances of the offense. The relevant statutes can be found in the Pennsylvania Consolidated Statutes, Title 18 (Crimes and Offenses), which outlines the state's criminal laws and penalties.