Mississippi Code
Miss. Code Ann. § 97-29-63 (2026)
Photographing or filming another without permission where there is expectation of privacy; when victim is adult; when victim is child under sixteen
✓ current as of July 2026
- (1)
- (a) It is a felony for any person with lewd, licentious or indecent intent to photograph, film, videotape, record or otherwise reproduces the image of another person without the permission of the other person when the other person is located in a place where a person would intend to be in a state of undress and have a reasonable expectation of privacy, including, but not limited to, private dwellings or any facility, public or private, used as a restroom, bathroom, shower room, tanning booth, locker room, fitting room, dressing room or bedroom shall be guilty of a felony.
- (b) It is a felony for any person to invade the privacy of another person and with lewd, licentious or indecent intent to photograph, film, videotape, record or otherwise reproduce the image of another, identifiable person under or through the clothing being worn by that other person for the purpose of viewing the body of, or the undergarments worn by, the other person without the consent or knowledge of the other person and under circumstances in which the other person has a reasonable expectation that the other person's body or undergarments would not be viewed or would not be the subject of a reproduced image.
- (2)
- (a) Except as provided in paragraph (b) of this subsection, a person who was over the age of twenty-one (21) at the time of the offense who is convicted of a violation of subsection (1) of this section shall be punished by a fine of Five Thousand Dollars ($5,000.00) or by imprisonment of not more than five (5) years in the custody of the Department of Corrections, or both.
- (b) Where the person who is secretly photographed, filmed, videotaped or otherwise reproduced is a child under sixteen (16) years of age, a person who was over the age of twenty-one (21) at the time of the offense who is convicted of a violation of subsection (1) of this section shall be punished by a fine of Five Thousand Dollars ($5,000.00) or by imprisonment of not more than ten (10) years in the custody of the Department of Corrections, or both.
Laws, 1999, ch. 514, § 2; Laws, 2012, ch. 557, § 2, eff. 7/1/2012.
Amended by Laws, 2015, ch. 489, SB 2022, 2, eff. 7/1/2015.
Notes of Decisions
Cited in 9
cases (2 in the last 5 years), 2003–2023 · leading case: Gilmer v. State, 955 So. 2d 829 (Miss. 2007).
Gilmer v. State, 955 So. 2d 829 (Miss. 2007). “This case comes to the Court on first impression as to whether the evidence was sufficient to support a conviction under the "video voyeur" statute, Miss.Code Ann. § 97-29-63 (Rev.2006). Finding that the evidence provided satisfied the statute, we affirm the defendant's…”
Nuckolls v. State, 179 So. 3d 1046 (Miss. 2015). “COUNT ELEVEN: CONVICTION OP VIDEO VOYEURISM AND SENTENCE'OF FIVE (5) YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITH SENTENCE TO RUN CONCURRENTLY WITH THE SENTENCE IN COUNT THREE, AFFIRMED.”
Mayfield v. Butler Snow, 75 F.4th 494 (5th Cir. 2023). “§ 43-47-19 (3) or Miss. Code Ann. § 97-29-63 , a statute prohibiting the posting of mes- sages through electronic media for the purpose of causing injury to any per- son with lewd intent.”
Mayfield v. Butler Snow LLP, 341 F. Supp. 3d 664 (S.D. Miss. 2018). “" Miss. Code Ann. § 97-29-63 (1) (2014) (emphasis added).”
Moen v. State, 861 So. 2d 1066 (Miss. Ct. App. 2003). “Miss.Code Ann. § 97-29-63 (Rev.2000). Both Exhibit 8 (not provided during discovery) and Exhibit 14 (provided during discovery) contained edited, similar, but not identical scenes.”
Eddie Gilmer v. State of Mississippi (Miss. 2004). “Miss. Code Ann. §97-29-63 (Rev. 2006) reads: Any person who with lewd, licentious or indecent intent secretly photographs, films, videotapes, records or otherwise reproduces the image of another person without the permission of such person when such a person is located in a…”
Nuckolls v. Hall (N.D. Miss. 2020). “] Miss. Code Ann. § 97-29-63 (1); see also State Court Record (“SCR”), Vol.”
Larry L. Stuart a/k/a Larry Stuart v. State of Mississippi (Miss. 2023). “Miss. Code Ann. § 97-29-63 (1)(a) (Rev. 2020).”
Samuel Allen Nuckolls v. State of Mississippi (Miss. 2015). “Based 1 Miss. Code Ann. § 97-29-63 (1) (Rev. 2014).”
Miss. Code Ann. § 97-29-63(1): 1 case
Nuckolls v. State, 179 So. 3d 1046 (Miss. 2015). “COUNT ELEVEN: CONVICTION OP VIDEO VOYEURISM AND SENTENCE'OF FIVE (5) YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITH SENTENCE TO RUN CONCURRENTLY WITH THE SENTENCE IN COUNT THREE, AFFIRMED.”
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