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 Washington State, upskirting is considered a criminal offense under the state's voyeurism laws. According to RCW 9A.44.115, it is unlawful for someone to view, photograph, or film another person's intimate areas without their consent when that person has a reasonable expectation of privacy. This includes situations where the person is in a place where they would have a reasonable expectation of privacy, such as a restroom, locker room, or dressing room, or when the intimate areas are covered by clothing and not visible to the public. The law covers upskirting by specifically addressing the act of photographing or recording under or through the clothing of another person without their consent. Violation of these voyeurism statutes is a Class C felony in Washington, which can result in significant legal penalties, including imprisonment and fines.