Miley Cyrus
U.S. singer Miley Cyrus performs at the Arena Ciudad de Mexico in Mexico City, September 19, 2014.Reuters

Singer Miley Cyrus is supposedly under criminal investigation for twerking her prosthetic booty on the Mexican flag during her performance in Monterrey, Mexico, on Tuesday, as the country celebrated its Independence Day.

Cyrus, who is known for her controversial performances, sparked controversy when one of her backup dancers used the flag to floss her fake backside during her performance. This has outraged the Mexicans, and local lawmaker Francisco Trevino told the media that the Interior Ministry is considering pressing charges.

"They are hitting her with the flag, or cleaning her backside. It's a lack of respect," the lawmaker told Mediaite. "The interior ministry must sanction the singer Miley Cyrus for desecrating the flag."

As per the law, any act that disrespects the flag will be punished based on the seriousness of the crime.

"The law says that you can't desecrate a flag and that the punishment is not just a fine," TMZ's Harvey Levin told On Air with Ryan Seacrest over the phone on Friday morning.

"The Congress in the state where this happened is recommending that she be fined and/or jail. Now, they have to make that decision. Miley is going to be long gone, so I don't know that anything is going to come of it," Harvey explained. "But they're really pissed off. I've got to say, you know you're waving a red flag in front of a bull when you do something like this on a flag — or have somebody do it for you — when you're in a foreign country."

Meanwhile, latest reports indicate that the Interior Ministry is leaning towards fining Cyrus' tour promoters Zignia Live for not monitoring the content of the show. However, they have argued that they couldn't have interfered with what an artist brings to the show.

"The artist brings his show and actually we can not as promoter interfere in what he does... the truth is that this issue in particular is talking to her to have a little more care and will not be repeated in other cities," said Dante Guillen, manager national press and promotion Zignia Live, in a statement cited by The Wire.

The singer is yet to render an apology for her controversial act.