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 Wisconsin, upskirting is considered a criminal offense under the state's invasion of privacy laws. Specifically, Wisconsin Statute § 942.08 prohibits the act of viewing or attempting to view beneath an individual's clothing without consent to satisfy sexual desire, where the person has a reasonable expectation of privacy. This law covers situations such as upskirting, which typically involves taking photographs or videos under a woman's skirt without her knowledge or consent. Violation of this statute is classified as a Class I felony, which can result in fines and imprisonment. The law is designed to protect individuals from this invasive behavior, even in public places where there might be a debate about the expectation of privacy. Wisconsin's approach to upskirting reflects a broader trend of states criminalizing such conduct under various legal frameworks, including but not limited to invasion of privacy, voyeurism, and unlawful surveillance.