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 Arizona, upskirting is considered a criminal offense and is addressed under the state's voyeurism laws. Arizona Revised Statutes § 13-1424 makes it unlawful for a person to knowingly invade the privacy of another person without the other person's consent by photographing, videotaping, filming, digitally recording, or by viewing the person's genitals, anus, or female breast where the person has a reasonable expectation of privacy. This includes situations where someone would surreptitiously photograph underneath a woman's dress or skirt. The law covers areas where a person would have a reasonable expectation of privacy, such as bathrooms, locker rooms, dressing rooms, or any place where one would reasonably expect to be safe from unauthorized surveillance. Violation of these laws can result in serious criminal charges, which may vary from misdemeanors to felonies depending on the circumstances of the offense and the presence of aggravating factors, such as distributing the images or recording minors.