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 Rhode Island, upskirting is considered a criminal offense under the state's voyeurism laws. Specifically, Rhode Island General Laws § 11-64-2 makes it illegal to secretly videotape, film, photograph, or otherwise record another person's intimate areas without their consent when that person has a reasonable expectation of privacy. This law applies to situations where someone would surreptitiously photograph underneath a woman's dress or skirt, commonly referred to as upskirting. Violation of this statute is a felony offense, and if convicted, an individual could face imprisonment and fines. Additionally, the law has been crafted to address the challenges related to the expectation of privacy in public places by focusing on the non-consensual nature of the act and the specific intent to capture images of intimate areas.