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 Iowa, upskirting is considered a criminal offense under the state's invasion of privacy laws. Specifically, Iowa Code section 709.21 prohibits 'invasion of privacy - nudity,' making it illegal to knowingly view, photograph, or film another person without consent in situations where the person has a reasonable expectation of privacy, such as in a restroom, locker room, or dressing room. This law applies even if the person is in a public place. Additionally, the act of upskirting could be prosecuted under other related offenses such as harassment or disorderly conduct, depending on the circumstances of the case. It is important for individuals in Iowa to understand that upskirting is illegal and can result in serious criminal charges.