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 Vermont, upskirting is considered a criminal offense and is addressed under voyeurism laws. Vermont's voyeurism statute, found in 13 V.S.A. § 2605, makes it illegal to secretly observe or record a person without their consent in situations where they have a reasonable expectation of privacy. This includes photographing or recording under a person's clothing, such as upskirting. The law covers situations where the person is in a place where they would have a reasonable expectation of privacy, like changing rooms, restrooms, or their own home. Additionally, Vermont law prohibits the dissemination of such images. Violations of these laws can result in criminal charges, which may include fines and imprisonment. The specific charges and penalties would depend on the circumstances of the offense and the presence of any aggravating factors.