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 Virginia, upskirting is considered a criminal offense and is addressed under the state's laws concerning unlawful filming, videotaping, or photographing of another. Specifically, Virginia Code § 18.2-386.1 makes it illegal to 'unlawfully create an image of another,' which includes upskirting. This statute prohibits the filming, videotaping, or photographing of the nonpublic areas of another person without consent when the person would have a reasonable expectation of privacy. The law covers situations where the individual is in a place where one would expect privacy, such as dressing rooms, bedrooms, or bathrooms, and extends to any location where a person would not expect to be filmed under their clothing. Violations of this law can result in Class 1 misdemeanor charges, or a Class 6 felony if the offender has prior convictions or disseminates the images. Additionally, Virginia's 'Peeping Tom' laws under § 18.2-130 prohibit secretly peering into dwellings or other places where privacy is expected, which can be related to upskirting behavior. The Commonwealth takes these offenses seriously, and individuals found guilty of such acts can face significant legal consequences.