Mississippi Voyeurism and Hidden Camera Laws: Penalties and Protections (2026)

Mississippi law makes secret recording in private places, when done with lewd intent, a felony under Miss. Code Ann. section 97-29-63. For an offender over 21, recording a victim 16 or older is punishable by a $5,000 fine, up to 5 years in prison, or both; recording a victim under 16 raises the maximum prison term to 10 years. A separate voyeurism statute, section 97-29-61, makes it a felony to peep into a private room, including with a camera, phone, or drone.

Mississippi takes voyeurism and hidden camera offenses seriously. Under Miss. Code Ann. section 97-29-63, secretly photographing, filming, or recording another person with lewd, licentious, or indecent intent, in a place where a person would intend to be undressed and would expect privacy, or under or through their clothing, is a felony offense. The penalties are significant, and they increase substantially when the victim is a minor.

This guide explains what Mississippi law considers voyeurism, where the protections apply, how penalties are structured, and what rights victims have. Whether you are concerned about hidden cameras in a rental property, want to understand workplace privacy protections, or need to know what legal options exist if you are a victim, this page covers the essential information.

Mississippi's Hidden Camera Statute: Section 97-29-63

What the Law Prohibits

Miss. Code Ann. section 97-29-63 makes it a crime to:

1. Photograph, film, or record another person without their permission, and with lewd, licentious, or indecent intent, in a place where a person would intend to be in a state of undress and would have a reasonable expectation of privacy.
2. Record another person, with the same intent, in specific private locations including private dwellings, restrooms, bathrooms, shower rooms, tanning booths, locker rooms, fitting rooms, dressing rooms, and bedrooms.
3. Film under or through a person's clothing, with lewd, licentious, or indecent intent and without consent, to view or capture images of the person's body or undergarments. This covers what is commonly known as "upskirting" or "downblousing."

The statute applies regardless of the technology used. Hidden cameras, smartphone cameras, body cameras, spy cameras disguised as everyday objects, and any other recording device are all covered.

Key Elements of the Offense

For a prosecutor to secure a conviction under section 97-29-63, they must prove:

• The recording was made without the victim's permission. If the person knew about and agreed to the recording, there is no violation.
• The victim was in a place where they had a reasonable expectation of privacy, such as a place where they would intend to be in a state of undress. Public spaces generally do not qualify, but private spaces do.
• The defendant acted with lewd, licentious, or indecent intent. This is a specific-intent element, not mere intent to record. A recording made for a non-sexual purpose, such as home security, does not satisfy this element even if it incidentally captures a private area.

Relationship to Mississippi's Wiretapping Law

Section 97-29-63 is separate from Mississippi's wiretapping and electronic surveillance statute found in Title 41, Chapter 29. Under section 41-29-507, the wiretapping article authorizes only the Bureau of Narcotics to own, possess, install, operate, or monitor interception devices, though a party to the conversation, or someone with a party's prior consent, is exempt under section 41-29-531(e) unless the purpose is criminal, tortious, or otherwise injurious; violating the article is punishable under section 41-29-533, while section 41-29-505 itself is a narcotics-investigation wiretap court-order procedure, not a general audio-interception ban. The voyeurism statute specifically addresses visual recordings in private places. A single act of recording could violate both statutes if it captures both video of a person in a private place and audio of a private conversation.

Mississippi's Peeping Statute: Section 97-29-61

Mississippi's statute titled voyeurism is section 97-29-61, and it reaches conduct that section 97-29-63 does not. As amended in 2022 (SB 2245), it makes it a crime to:

• Enter someone's land and peep through a window or other opening of a dwelling or building for the lewd purpose of spying on the occupants (felonious trespass).
• Look through a window or opening, or view by any device, including a telescope, binoculars, a camera, a mobile phone, or a drone, into a bedroom, bathroom, changing room, fitting room, dressing room, spa, massage or therapy room, tanning booth, or any other area where the occupant expects privacy, for a lewd purpose and without the knowledge or consent of every person present.

No recording is required, so a camera that only streams live video can violate it. The penalty is up to 5 years in prison for an offender over 18, and up to 10 years for an offender over 21 when an occupant spied on is under 16.

Protected Locations Under Mississippi Law

Specifically Named Private Places

Section 97-29-63 identifies specific locations where recording without consent is a felony when done with lewd, licentious, or indecent intent:

• Private dwellings. This includes homes, apartments, hotel rooms, and any other residential space.
• Restrooms and bathrooms. Both private and commercial restrooms are protected.
• Shower rooms. Communal and private showers in gyms, pools, dormitories, and similar facilities.
• Tanning booths. Indoor tanning facilities where customers undress.
• Locker rooms. School, gym, pool, and workplace locker rooms.
• Fitting rooms and dressing rooms. Retail fitting rooms and any space designated for changing clothes.
• Bedrooms. Both in private homes and in facilities like hotels, dormitories, and assisted living centers.

Other Locations With Privacy Expectations

Beyond the specifically named locations, section 97-29-63(1)(a) covers any place where a person would intend to be in a state of undress and would have a reasonable expectation of privacy. That can include:

• Medical examination rooms where patients change
• Hospital rooms
• Curtained or partitioned changing areas in shared spaces

The key factor is whether people would expect to undress there and not be watched. Places where people do not undress, such as a closed office or a counseling office, fall outside section 97-29-63(1)(a), although secretly filming someone there can still support a civil invasion-of-privacy claim.

Penalties for Voyeurism in Mississippi

Criminal Penalties

The penalties under section 97-29-63 depend on the age of the victim:

These tiers apply to an offender who was over 21 at the time of the offense. The statute's penalty is the $5,000 fine, the prison term, or both, not a combined mandatory sentence. The fine is the same for both age tiers; only the maximum prison term increases when the victim is under 16.

Both offenses are felonies. A felony conviction in Mississippi carries serious collateral consequences beyond the prison sentence and fine, including:

• A permanent criminal record that appears on background checks
• Difficulty finding employment, especially in positions involving trust or working with vulnerable populations
• Potential loss of professional licenses
• Loss of the right to possess firearms under federal law
• Sex offender registration, which a section 97-29-63 conviction requires (see below)

Sex Offender Registration

Under Miss. Code Ann. section 45-33-23, Mississippi maintains a sex offender registry, and Miss. Code Ann. section 45-33-47 classifies a conviction under section 97-29-63 as a Tier Two offense, carrying a minimum 25-year registration period. Registration is for life, with no petition for relief, if the offender was 21 or older and the victim was 14 or younger (section 45-33-47(f)), or if the offender has two separate registrable convictions. By contrast, voyeurism under section 97-29-61(2) is classified as Tier One, with a minimum 15-year registration period, and applies only when the victim is a child under 16. Because of this, a 97-29-63 conviction generally triggers registration; consult a criminal defense attorney about how the registry statute applies to the specific charges in a case.

Federal Voyeurism Law

In addition to state charges, federal law may apply in certain circumstances. The Video Voyeurism Prevention Act, 18 U.S.C. section 1801, makes it a federal crime to capture an image of a person's private areas without consent when the person has a reasonable expectation of privacy. This federal statute applies specifically in the special maritime and territorial jurisdiction of the United States, which covers federal enclaves where the United States holds exclusive or concurrent jurisdiction, such as some military installations. It does not cover every federal building or park; elsewhere in Mississippi, state law governs.

The federal penalty is a fine, up to one year in prison, or both.

Upskirting and Related Offenses

What the Law Covers

Section 97-29-63 specifically addresses recording under or through a person's clothing. This provision covers:

• Upskirting. Using a camera placed below a person to capture images under their skirt or dress.
• Downblousing. Using a camera to capture images down a person's shirt or blouse.
• Any recording through clothing. Using any device to see or capture images of body parts or undergarments that are covered by clothing.

This provision applies regardless of location. Unlike the general voyeurism provision, which requires that the victim be in a private place, the clothing-penetration provision can apply in public spaces as well. A person wearing a skirt in a public mall still has a reasonable expectation that no one is photographing under their clothing.

Technology-Specific Concerns

Advances in technology have created new avenues for this type of offense:

• Miniature cameras hidden in shoes, bags, or other objects
• High-resolution cameras with zoom capabilities
• Infrared or thermal imaging that can see through certain fabrics
• Devices disguised as everyday objects (pens, buttons, glasses)

Mississippi's statute is technology-neutral, meaning it applies regardless of the specific device used.

Civil Remedies for Victims

Invasion of Privacy Claims

Victims of voyeurism in Mississippi can pursue civil lawsuits against the perpetrator. Common causes of action include:

• Intrusion upon seclusion. This tort applies when someone intentionally intrudes upon the solitude or private affairs of another in a manner that would be highly offensive to a reasonable person.
• Public disclosure of private facts. If the voyeuristic recordings are shared or distributed, the victim may have a claim for public disclosure of private facts.
• Intentional infliction of emotional distress. Voyeurism often causes severe emotional distress, and victims can seek compensatory damages.

Damages Available

In a civil lawsuit, victims may recover:

• Compensatory damages for emotional distress, therapy costs, lost wages, and other proven harms
• Punitive damages if the defendant's conduct was particularly egregious or malicious
• Attorney fees and litigation costs in some cases
• Injunctive relief ordering the defendant to destroy all recordings and cease any further intrusion

Relationship to Criminal Proceedings

A civil lawsuit is separate from criminal prosecution. Victims can pursue both simultaneously. A criminal conviction is not required before filing a civil lawsuit, and the burden of proof is lower in civil cases (preponderance of the evidence versus beyond a reasonable doubt).

Voyeurism in Specific Settings

Rental Properties and Hotels

Landlords and hotel operators should never place hidden cameras in rental units or hotel rooms. Filming a tenant or guest there with a lewd intent is a felony, and even without that intent a hidden camera can lead to an invasion-of-privacy lawsuit. If you discover a hidden camera in a rental property or hotel room, you should:

1. Document the camera's location with your own photos (being careful not to disturb it).
2. Contact local law enforcement immediately.
3. Contact the property management or hotel management.
4. Preserve any evidence of the camera and its placement.
5. Consider contacting an attorney about civil remedies.

Landlords who film tenants with hidden cameras can face criminal charges under section 97-29-63 when the filming is done with a lewd intent, and civil liability for invasion of privacy either way.

Workplace Settings

Employers should never place cameras in restrooms, locker rooms, changing areas, or other private spaces in the workplace. Mississippi has no statute that generally regulates workplace cameras, so employers may install security cameras in common work areas. The limits come from section 97-29-63, which makes filming an employee in such a space with a lewd intent a felony, and from civil invasion-of-privacy law.

Schools and Educational Facilities

Anyone who films students in school restrooms, locker rooms, or changing areas with a lewd intent commits a felony under section 97-29-63, and using a camera to look into those rooms for a lewd purpose is a felony under section 97-29-61. When students are the victims, the enhanced penalties for minors under 16 apply.

How to Detect Hidden Cameras

Physical Inspection

If you suspect hidden cameras in a private space, look for:

• Small holes or lenses in walls, ceilings, or objects
• Objects that seem out of place or are positioned to face private areas
• Devices that have been recently installed or moved
• Smoke detectors, clocks, or other objects that look different from standard models
• Small LED lights that may indicate a recording device is active

Electronic Detection

You can also use technology to detect hidden cameras:

• RF (radio frequency) detectors can identify wireless cameras that transmit a signal.
• Infrared scanners can detect the heat signature of an operating camera.
• Smartphone apps can sometimes detect camera lenses by reflecting light off them.
• Professional sweep services can conduct thorough electronic detection for a fee.

Reporting Voyeurism in Mississippi

How to Report

If you are a victim of voyeurism or discover hidden cameras, take these steps:

1. Contact local law enforcement. Call 911 if you are in immediate danger, or your local police department's non-emergency number for ongoing situations.
2. Preserve evidence. Do not remove or destroy the camera if possible. Document its location and appearance.
3. Seek medical and emotional support. The Mississippi Coalition Against Sexual Assault at mscasa.org provides resources for victims.
4. Consult an attorney. A lawyer can advise you on both criminal reporting and civil remedies.

Statute of Limitations

Under Miss. Code Ann. section 99-1-5(2), prosecution for hidden-camera recording (section 97-29-63) or peeping (section 97-29-61) must generally begin within two years after the offense. Neither offense is on the statute's list of crimes with no time limit. The clock pauses if the accused flees or cannot be found, and a separate charge for child exploitation under section 97-5-33, where the facts support one, has no time limit. Report to law enforcement promptly.

More Mississippi Recording Laws

Audio Recording | Video Recording | Voyeurism & Hidden Cameras | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording

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Frequently Asked Questions

What is the penalty for hidden camera voyeurism in Mississippi?

Hidden camera recording made with lewd, licentious, or indecent intent in a private place is a felony under Miss. Code Ann. section 97-29-63. For an offender over 21 and a victim 16 or older, the penalty is a $5,000 fine, up to 5 years in prison, or both. If the victim is under 16 years old, the maximum prison term rises to 10 years; the fine stays at $5,000. Prosecution must generally begin within two years.

Is upskirting illegal in Mississippi?

Yes. Section 97-29-63 specifically prohibits filming under or through a person's clothing, with a lewd intent, without their consent or knowledge. This applies regardless of whether the person is in a public or private location.

Can I sue someone for recording me with a hidden camera in Mississippi?

Yes. Victims of voyeurism can file civil lawsuits for invasion of privacy, intentional infliction of emotional distress, and other causes of action. You can seek compensatory damages, punitive damages, attorney fees, and injunctive relief. A civil lawsuit is separate from any criminal prosecution.

What should I do if I find a hidden camera in my rental or hotel room?

Document the camera's location with your own photos without disturbing it. Contact local law enforcement immediately. Notify the property management or hotel management. Preserve all evidence. Consider consulting an attorney about civil remedies for invasion of privacy.

Does a voyeurism conviction require sex offender registration in Mississippi?

Generally, yes. Under Miss. Code Ann. section 45-33-47, a conviction under section 97-29-63 is classified as a Tier Two registrable offense (minimum 25-year registration), but registration is for life if the offender was 21 or older and the victim was 14 or younger (section 45-33-47(f)), while the separate voyeurism provision at section 97-29-61(2) is Tier One (minimum 15-year registration) and applies only when the victim is under 16. Consult with a criminal defense attorney for case-specific guidance.