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 West Virginia, upskirting is considered a criminal offense and is addressed under the state's voyeurism laws. Specifically, West Virginia Code §61-8-28 defines the crime of voyeurism, which includes the act of secretly peering, spying, or eavesdropping upon another person in a place where they would have a reasonable expectation of privacy. This statute can be applied to upskirting, as it involves the non-consensual recording or photographing of a person's intimate areas without their knowledge or consent. The law makes it clear that individuals have a reasonable expectation of privacy with respect to the parts of the body covered by clothing, and thus upskirting is a violation of that privacy. Depending on the circumstances, individuals who engage in upskirting in West Virginia may face criminal charges that carry significant penalties, including fines and imprisonment.