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 Wyoming, upskirting is considered a criminal offense and is addressed under the state's voyeurism laws. Wyoming Statute § 6-4-304 specifically prohibits voyeurism, which includes the act of 'upskirting,' where someone invades another person's privacy by photographing or recording the person's intimate areas without consent, and when the person has a reasonable expectation of privacy. This law applies regardless of whether the act occurs in a public or private place. Violation of this statute is a misdemeanor for a first offense and can escalate to a felony for subsequent offenses or under certain aggravating circumstances. It's important for individuals to understand that victims do not need to be in a traditionally private setting for the expectation of privacy to apply; the law protects individuals from such invasive acts even in public spaces. An attorney can provide more detailed information on how these laws are applied and what constitutes a reasonable expectation of privacy in the context of upskirting in Wyoming.