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 Tennessee, upskirting is considered a criminal offense and is addressed under the state's voyeurism laws. Specifically, Tennessee Code Annotated § 39-13-605 defines 'unlawful photography in violation of privacy' as photographing a person when that individual has a reasonable expectation of privacy without the prior consent of the individual, for the purpose of sexual arousal or gratification. This law covers the act of upskirting, which would typically occur without the consent of the person being photographed and in a situation where they have a reasonable expectation of privacy, such as in dressing rooms, restrooms, or other private spaces. Additionally, the law also applies to situations where the person is in a public place if the photographing is done in a manner that would offend or embarrass an ordinary person. Violation of this statute is a Class A misdemeanor, but it can be elevated to a felony if the offender disseminates or distributes the images. Tennessee's approach to upskirting reflects a broader trend to criminalize such behavior and protect individuals' privacy rights.