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 Mississippi, upskirting is considered a criminal offense under the state's voyeurism laws. Mississippi Code Section 97-29-61 addresses 'Peeping Tom' offenses and could be applied to upskirting. This law makes it unlawful to trespass on private property to spy on, photograph, or film another person in a clandestine manner for lewd, licentious, or indecent purposes without the person's consent when they are entitled to expect privacy. Although upskirting often occurs in public places, the law may still apply if the act is done in a surreptitious manner that violates a person's reasonable expectation of privacy under their clothing. Additionally, Mississippi's laws on voyeurism have been updated to include the use of any device, including cameras and video equipment, to invade someone's privacy in such a manner. Violation of these laws can result in criminal charges, with penalties varying based on the specific circumstances and the presence of any aggravating factors, such as prior offenses or the distribution of the images.