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 Maine, upskirting is considered a criminal offense under the state's privacy laws. Specifically, Maine statute Title 17-A, Section 511 prohibits the act of upskirting by making it illegal to photograph, videotape, or otherwise record the intimate parts of a person without that person's knowledge or consent when that person has a reasonable expectation of privacy. This law applies regardless of whether the recording occurs in a public or private place. Violation of this law is a Class D crime, which can result in fines and imprisonment. Additionally, Maine's voyeurism laws may also apply to upskirting incidents, further criminalizing the act. It is important for individuals to understand that victims of upskirting in Maine are protected by these laws, and those who engage in such behavior can face serious legal consequences.