New Mexico Recording Laws

New Mexico Recording Law Summary:

Last Updated: January 2025 | Verified against current N.M. Stat. Ann. Chapter 30

Quick Answer

New Mexico is a one-party consent state. You can legally record telephone conversations as long as you’re a party to the conversation or have consent from at least one participant. Notably, New Mexico’s wiretapping law only applies to telephone and wire communications – in-person conversations are not covered by the statute and can be recorded without consent.

Key Point	Answer
Consent Type	One-Party
Can you record your own calls?	Yes
Must you inform others?	No
Primary Statute	N.M. Stat. Ann. § 30-12-1
Criminal Penalty	Misdemeanor
Civil Damages	$100/day or $1,000 minimum

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Understanding New Mexico’s Recording Laws

The Legal Foundation

New Mexico’s wiretapping and electronic surveillance laws are found in Chapter 30, Article 12 of the New Mexico Statutes (Abuse of Privacy). The key statutes are:

• N.M. Stat. Ann. § 30-12-1 – Interference with communications; exception
• N.M. Stat. Ann. § 30-12-7 – Method of recording communication; custody

Under § 30-12-1, it’s illegal to read, interrupt, take or copy any message or communication “intended for another by telegraph or telephone” without consent from a sender or intended recipient.

What Makes New Mexico Unique

New Mexico’s recording law has a narrower scope than many other states:

• Telephone/wire communications: One-party consent required
• In-person conversations: NOT covered by the wiretapping statute – can be recorded without consent
• Wireless/cellular communications: May have different treatment (courts have not fully clarified)

One-Party vs. Two-Party Consent Explained

In a one-party consent state like New Mexico, only one person in the conversation needs to know about and consent to the recording. That person can be you. You don’t need to announce “this call is being recorded” or get anyone else’s permission.

In contrast, two-party (or all-party) consent states like California require everyone in the conversation to agree to be recorded.

Recording Phone Calls in New Mexico

Can You Record Phone Calls in New Mexico?

Yes. Under N.M. Stat. Ann. § 30-12-1, you can record any phone call you’re participating in without informing the other party. This applies to:

• Landline calls
• Cell phone calls
• VoIP calls (Zoom, Teams, Google Meet, etc.)
• Video calls

The Cellular Phone Question

New Mexico’s statute specifically references “telegraph or telephone line, wire, cable or instrument.” Some legal scholars argue this language may not cover purely wireless cellular communications. However, courts have not definitively ruled on this issue. Best practice: Treat all phone communications as requiring one-party consent.

Recording Calls Across State Lines

If you’re in New Mexico calling someone in a two-party consent state, the stricter law typically applies. States requiring all-party consent include:

• California
• Connecticut
• Florida
• Illinois
• Maryland
• Massachusetts
• Montana
• Nevada (for phone calls)
• New Hampshire
• Pennsylvania
• Washington

Best practice: If you’re recording calls with people in two-party consent states, either inform them or get explicit consent to be safe.

Business Call Recording

New Mexico businesses can record calls for quality assurance, training, or compliance. Consent can be obtained through:

1. Verbal consent before the call begins
2. A recorded announcement (“This call may be recorded…”)
3. A periodic beep tone during the call

Recording In-Person Conversations

When Is It Legal?

New Mexico’s wiretapping statute specifically applies to “telegraph or telephone” communications. In-person conversations are not covered by the wiretapping law. This means you can generally record face-to-face conversations without the same consent requirements as phone calls.

You can record in-person conversations in New Mexico when:

• You’re participating in the conversation
• You’re in a public place where there’s no reasonable expectation of privacy
• The conversation is not via telephone or wire communication

When Recording May Still Be Illegal

Even though the wiretapping statute doesn’t cover in-person conversations, other laws may still apply:

• Trespass laws – Recording on private property without permission
• Privacy invasion laws – Recording in areas with reasonable privacy expectations
• Harassment laws – Recording as part of harassment or stalking

What About Recording in Your Own Home?

You can record conversations in your own home. However, you should not:

• Record guests in areas with privacy expectations (bathrooms, guest bedrooms)
• Record intimate activities without consent
• Use recordings for illegal purposes (blackmail, harassment)

New Mexico Video Recording Laws

Public Spaces

New Mexico has no general prohibition on video recording in public spaces. You can:

• Film on public streets, parks, and sidewalks
• Record public meetings and government proceedings
• Use dashcams in your vehicle
• Film public protests or demonstrations

Private Property and Privacy

On private property, the property owner sets the rules. New Mexico also has laws that prohibit:

• Recording intimate images without consent
• Recording someone in a location where they have a reasonable expectation of privacy
• Distributing intimate images without consent

If you are recording someone’s likeness for business purposes, you should ensure that you gain proper consent by having them fill out a photo or video consent form.

Recording in the Workplace

Can Your Employer Record You?

New Mexico employers can generally record in common work areas where employees don’t have a privacy expectation. However, employers cannot record in:

• Bathrooms
• Locker rooms
• Changing areas

Can You Record Your Employer?

Yes. In New Mexico, you can record conversations with your boss, HR, coworkers, or anyone else at work. For in-person conversations, no consent is required under the wiretapping statute. For phone calls, one-party consent applies. This can be valuable for:

• Documenting harassment or discrimination
• Recording performance reviews
• Protecting yourself in disputes
• Preserving important instructions

Caution: Your employer may have policies against recording. While recording may be legal under New Mexico law, violating company policy could result in termination.

Recording Police and Government Officials

Can You Record Police Officers in New Mexico?

Yes. The First Amendment protects your right to record law enforcement officers performing their duties in public. In New Mexico, you can:

• Film traffic stops (including your own)
• Record arrests happening in public
• Document interactions with police
• Livestream encounters

Important limitations:

• Don’t interfere with police operations
• Don’t trespass to get a better angle
• Follow lawful orders to step back (within reason)
• Don’t obstruct the officer’s duties

Recording Government Meetings

New Mexico’s Open Meetings Act (N.M. Stat. Ann. § 10-15-1 et seq.) requires most government meetings to be open to the public. Recording of public meetings is generally permitted. You can record:

• City council meetings
• County commission meetings
• School board meetings
• State legislative proceedings
• Public hearings

Specific Situations

Can I Record My Landlord in New Mexico?

Yes. In-person conversations with landlords can be recorded without consent under New Mexico law. Phone conversations require one-party consent (which you provide by being a participant). Recording can help document:

• Verbal agreements about repairs
• Harassment or illegal entry
• Disputes about lease terms
• Evidence for tenant rights cases

Can I Record My Doctor in New Mexico?

Yes, you can record medical appointments you attend. This can be helpful for:

• Remembering complex medical instructions
• Documenting informed consent discussions
• Having a record of diagnoses
• Sharing information with family caregivers

Can I Record CYFD Workers?

Yes. Children, Youth and Families Department (CYFD) workers are government employees, and you can record your interactions with them as long as you’re participating in the conversation.

Can I Record My Ex-Spouse or Co-Parent?

Yes, during conversations you’re part of. This is common in custody disputes. However:

• Don’t record your children’s private conversations without being present
• Don’t use children to secretly record the other parent
• Consider how recordings may be viewed by family courts

Can I Use a Dashcam in New Mexico?

Yes. Dashcams are legal in New Mexico. There are no specific laws restricting their use, but you should:

• Mount the camera so it doesn’t obstruct your view
• Be aware that audio recording of in-person conversations doesn’t require consent
• Check if your insurance offers dashcam discounts

Using Recordings as Evidence in New Mexico

Are Recordings Admissible in Court?

Recordings made legally under New Mexico law are generally admissible as evidence. However, courts may consider:

• Authentication – Can you prove the recording is genuine and unaltered?
• Relevance – Does the recording matter to the case?
• Hearsay rules – Some statements may be excluded
• Prejudicial vs. probative value – Does it unfairly influence the jury?

Criminal Cases vs. Civil Cases

• Criminal cases: Illegally obtained recordings are typically inadmissible and may result in criminal charges against you
• Civil cases: Rules can be more flexible, but illegally obtained evidence may still be excluded

Penalties for Illegal Recording in New Mexico

Criminal Penalties (N.M. Stat. Ann. § 30-12-1)

Illegal recording of telephone conversations in New Mexico is a misdemeanor offense.

Classification	Potential Penalty
Misdemeanor	Up to 1 year jail, fine

Civil Liability

Victims of illegal recording may sue for:

• Actual damages or liquidated damages of $100 per day of violation, with a minimum of $1,000 (whichever is greater)
• Punitive damages for willful violations
• Attorney’s fees and court costs

Frequently Asked Questions

Is New Mexico a one-party consent state?

Yes. New Mexico is a one-party consent state for telephone communications, meaning you can record any phone call you’re part of without informing other participants. In-person conversations are not covered by the wiretapping statute.

Is New Mexico a two-party consent state?

No. New Mexico does not require all parties to consent to recording phone calls. Only one party needs to consent, and that party can be you.

Can I record a conversation without the other person knowing in New Mexico?

Yes. For phone calls, you can record as a participant without telling the other person. In-person conversations are not covered by the wiretapping statute at all.

Can I sue someone for recording me in New Mexico?

Only if the recording was of a phone call made without your consent by someone who wasn’t part of the conversation. If someone you were talking to recorded you, that’s legal in New Mexico.

Do I need to tell someone I’m recording in New Mexico?

No. There’s no legal requirement to inform others that you’re recording a phone conversation you’re part of.

Can I record a Zoom call in New Mexico?

Yes, if you’re a participant in the call. Note that Zoom has its own recording features and may notify participants depending on settings.

What is the penalty for illegal recording in New Mexico?

Illegal recording of telephone conversations is a misdemeanor. Civil liability includes minimum damages of $1,000 plus attorney fees.

Can recordings be used in divorce court in New Mexico?

Yes, legally obtained recordings can be used as evidence in divorce proceedings. Courts often allow them to document communications about custody, finances, or misconduct.

Can I record in-person conversations in New Mexico?

Yes. New Mexico’s wiretapping statute only covers telephone and wire communications, not in-person conversations.

Related New Mexico Laws

• New Mexico Car Seat Laws
• New Mexico Child Support Laws
• New Mexico Hit and Run Laws
• New Mexico Lemon Law
• New Mexico Sexting Laws
• New Mexico Statute of Limitations
• New Mexico Whistleblower Laws

Sources and Legal References

Source	Link
N.M. Stat. Ann. § 30-12-1 – Interference with Communications	Justia
N.M. Stat. Ann. § 30-12-7 – Recording Method	Justia
New Mexico Open Meetings Act	NM AG
Reporters Committee Recording Guide	RCFP

Disclaimer: This information is provided for educational purposes and should not be considered legal advice. Recording laws can be complex, and specific situations may have unique considerations. If you have questions about your particular circumstances, consult with a licensed New Mexico attorney.

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One-Party Consent States Reference

The following table provides a quick reference to all one-party consent states in the United States.

State	Summary	Key Statute
Alabama	One-party consent.	Ala. Code § 13A-11-30
Alaska	One-party consent.	AS 42.20.310
Arizona	One-party consent.	ARS 13-3005
Arkansas	One-party consent.	Ark. Code § 5-60-120
Colorado	One-party consent.	C.R.S. § 18-9-303
District of Columbia	One-party consent.	D.C. Code § 23-542
Georgia	One-party for audio; all-party for video in private places.	O.C.G.A. § 16-11-62
Hawaii	One-party consent.	HRS § 803-42
Idaho	One-party consent.	Idaho Code § 18-6702
Indiana	One-party consent.	Ind. Code § 35-33.5-5
Iowa	One-party consent.	Iowa Code § 808B.2
Kansas	One-party consent.	K.S.A. 21-6101
Kentucky	One-party consent.	KRS 526.020
Louisiana	One-party consent.	La. R.S. 15:1303
Maine	One-party consent.	15 M.R.S.A. § 710
Minnesota	One-party consent.	Minn. Stat. § 626A.02
Mississippi	One-party consent.	Miss. Code Ann. § 41-29-531
Missouri	One-party consent.	Mo. Rev. Stat. § 542.402
Nebraska	One-party consent.	Neb. Rev. Stat. § 86-290
Nevada	One-party for oral; ALL-PARTY for wire/phone.	Nev. Rev. Stat. § 200.620
New Jersey	One-party consent.	N.J. Stat. Ann. § 2A:156A-4
New Mexico	One-party consent. In-person conversations not covered by statute.	N.M. Stat. Ann. § 30-12-1
New York	One-party consent.	N.Y. Penal Law § 250.00
North Carolina	One-party consent.	N.C. Gen. Stat. § 15A-287
North Dakota	One-party consent.	N.D. Cent. Code § 12.1-15-02
Ohio	One-party consent.	Ohio Rev. Code Ann. § 2933.52
Oklahoma	One-party consent.	Okla. Stat. tit. 13, § 176.4
Rhode Island	One-party consent.	R.I. Gen. Laws § 11-35-21
South Carolina	One-party consent.	S.C. Code Ann. § 17-30-30
South Dakota	One-party consent.	S.D. Codified Laws § 23A-35A-20
Tennessee	One-party consent.	Tenn. Code Ann. § 39-13-601
Texas	One-party consent.	Tex. Penal Code § 16.02
Utah	One-party consent.	Utah Code Ann. § 77-23a-4
Vermont	One-party consent (case law).	Case law
Virginia	One-party consent.	Va. Code Ann. § 19.2-62
West Virginia	One-party consent.	W. Va. Code § 62-1D-3
Wisconsin	One-party consent.	Wis. Stat. § 968.31
Wyoming	One-party consent.	Wyo. Stat. Ann. § 7-3-702

Federal Law: Under the ECPA and 18 U.S. Code § 2511, federal law operates as one-party consent.

Two-Party Consent States

The following states require all parties to consent:

• California
• Connecticut
• Delaware
• Florida
• Illinois
• Maryland
• Massachusetts
• Michigan
• Montana
• New Hampshire
• Oregon
• Pennsylvania
• Washington

Visit our Two-Party Consent States guide for details.