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 Alabama, upskirting is considered a criminal offense under the state's voyeurism laws. Specifically, Alabama Code Section 13A-11-32 defines the crime of 'Voyeurism' which makes it unlawful for any person to knowingly engage in surveillance of, or the photographing, videotaping, recording, or viewing of a person without that person's knowledge and consent while the person is in a place where he or she would have a reasonable expectation of privacy. This includes dressing rooms, bathrooms, and other similar private spaces. Although upskirting often occurs in public places, the law would apply if the act is done in a manner that invades someone's reasonable expectation of privacy. Violation of these laws can result in criminal charges ranging from misdemeanors to felonies, depending on the circumstances and the presence of aggravating factors, such as prior convictions or dissemination of the images or videos taken.