New Mexico Recording Laws

New Mexico Recording Law Summary:New Mexico Recording Law

New Mexico recording law stipulates that it is a one-party consent state. In New Mexico, it is a criminal offense to use any device to record, obtain, share or use wire communications without the consent of at least one person taking part in the conversation. This means that in New Mexico, you are legally allowed to record a wire conversation if you are a contributor, or with prior consent from one of the involved parties. This state does not require consent to record oral communication. N.M. Stat. Ann. § 30-12-1 (West 2012).

New Mexico law states that journalists do not require consent to record electronic communications. This applies to conversations where all contributing parties are using a cell phone or other wireless devices, including text messages sent between cell phones. N.M. Stat. Ann. § 30-12-1.

Personal Conversations:

You may record oral conversations without any consent required.

Oral conversations are not provided for under New Mexico law as the wiretapping statute only applies to conversations taking place over a telegraph or telephone wire.

If you are a third-party and require consent from the parties taking part in the conversation, the Federal Communications Commission (FCC) states that you may gain consent to make a recording by:

  • Getting verbal or written consent prior to the recording being made.
  • A verbal notification being played before the conversation begins. (For example: “This phone call is being recorded for quality control purposes…”).
  • An audible beep tone being repeated at steady intervals during the duration of the conversation.

New Mexico Video Recording Laws

It is considered voyeurism to use the unaided eye to view or intentionally use an instrument to view, photograph, videotape, film, webcast or record another person’s intimate parts without the consent or knowledge of that person under the following circumstances:

  • While the person concerned is inside a bathroom, bedroom, changing room, fitting room, dressing room or tanning booth or any other area where there is a reasonable expectation of privacy.
  • Under circumstances where the person concerned has a reasonable expectation of privacy, regardless of whether the person is in a public or private place.

N.M. Stat. Ann. § 30‐9‐20(A)

Penalties:

N.M. Stat. Ann. § 30-12-1: The illegal recording of electronic conversations is considered a misdemeanor.

N.M. Stat. Ann. § 30‐9‐20(B): Voyeurism is considered a misdemeanor, however, if the victim is under 18 years the offense is classed as a fourth degree felony. A misdemeanor is punishable by imprisonment not exceeding 1 year or a fine not exceeding $1000, or by both imprisonment and fine. A fourth degree felony concerning sexual exploitation of children carries a 10-year imprisonment while other fourth degree felonies carry an 18-month imprisonment.

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