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 Indiana, upskirting is considered a criminal offense and is addressed under the state's voyeurism laws. Indiana Code § 35-45-4-5 makes it a crime to peep or to go upon the land of another with the intent to peep into an occupied dwelling of another person without consent. Additionally, the law prohibits a person from peering, or attempting to peer, into an area where an occupant has a reasonable expectation of privacy, with the intent to invade that privacy. This would include upskirting, which is the act of taking unauthorized photographs or recordings under a person's clothing to view their genitals, buttocks, or underwear. The law applies to situations where the victim has a reasonable expectation of privacy, which can include public places where upskirting typically occurs. Depending on the circumstances, such as if the victim is a minor or if the offense is committed by using or installing a camera or other recording device, the penalties can be more severe, potentially resulting in felony charges.