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 Georgia, upskirting is considered a criminal offense under the state's invasion of privacy laws. The act of upskirting, which involves taking unauthorized photographs or video recordings under or through a person's clothing to view their genitals or buttocks without consent, is explicitly illegal. Georgia law was updated to address this issue after a 2016 court ruling found that the existing invasion of privacy statute did not cover upskirting. The law now makes it clear that it is illegal to surreptitiously record underneath someone's clothing. Violators can be charged with a felony and face penalties including fines and imprisonment. The specific provisions addressing upskirting can be found in the Official Code of Georgia Annotated (O.C.G.A.), and the offense is typically prosecuted under statutes related to invasion of privacy or unlawful surveillance.