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 South Carolina, upskirting is considered a criminal offense under the state's voyeurism laws. Specifically, South Carolina Code of Laws Section 16-17-470 addresses voyeurism and related offenses. The law makes it illegal to invade someone's privacy for the purpose of sexual gratification by observing, photographing, videotaping, or otherwise recording the person in a place where they would have a reasonable expectation of privacy, such as a restroom, dressing room, or private place. This includes upskirting, which is the act of taking unauthorized photographs or recordings under a person's clothing. Violation of these laws can result in misdemeanor or felony charges, depending on the circumstances, such as the age of the victim and the offender's prior convictions. The penalties can include fines, imprisonment, and potentially being required to register as a sex offender. It is important for individuals to understand that even in public places, actions that invade someone's personal privacy, such as upskirting, are against the law in South Carolina.