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 Utah, upskirting is considered a criminal offense under the state's voyeurism statutes. Utah Code § 76-9-702.7 specifically addresses voyeurism offenses, which include the act of intentionally using any type of technology to secretly or surreptitiously record video or take pictures of someone's private areas without their knowledge or consent, and when the individual has a reasonable expectation of privacy. This would cover situations such as upskirting, where an individual takes unauthorized photographs or recordings under a woman's dress or skirt. The law applies to both public and private places where an individual would have a reasonable expectation of privacy. Depending on the circumstances and the severity of the offense, individuals caught engaging in upskirting in Utah could face charges ranging from class B misdemeanor to a felony, with potential penalties including fines and imprisonment.