Call Recording Laws in New Mexico 2025
Last Updated: February 17, 2025
New Mexico is a one-party consent state for recording telephone conversations, meaning that if you are a participant in a call, your consent alone permits you to record it. However, the statutes do not clearly address the recording of in-person conversations. This guide explains the key legal requirements, potential penalties, and compliance tips for recording calls in New Mexico.
Overview of New Mexico Call Recording Law
Under New Mexico Statutes Section 30-12-1, it is generally legal to record a telephone conversation if you are a party to the call. This statute prohibits reading, interrupting, taking, or copying any message or communication intended for someone else without the consent of the sender or recipient. However, the law is less clear on in-person conversations, so exercising caution and obtaining full consent is advised.
Is It Legal to Record a Call in New Mexico?
Yes, recording a telephone call in New Mexico is legal as long as you are an active participant in the conversation. Your own consent is sufficient to authorize the recording. Recording a conversation in which you are not involved, however, may be deemed illegal.
New Mexico One-Party Consent
New Mexico follows a one-party consent rule for telephone communications. This means that if you are part of the conversation, your consent alone permits you to record the call. Due to ambiguity in the law regarding in-person conversations, it is best to obtain consent from all participants in those situations.
Penalties for Illegal Recording in New Mexico
Violating New Mexico’s call recording laws can result in criminal penalties. Unauthorized recording under Section 30-12-1 is classified as a misdemeanor, which may carry jail time of less than one year. Additionally, civil damages may be sought by individuals whose privacy rights have been violated.
Federal vs. New Mexico Law
Although federal law under 18 U.S.C. § 2511 permits one-party consent for recording communications, New Mexico law specifically governs recordings made within the state. When recording calls involving parties from different jurisdictions, it is advisable to adhere to New Mexico’s standards if any party is located in New Mexico.
Frequently Asked Questions
Is New Mexico a one-party consent state?
Yes. In New Mexico, if you are a participant in a telephone conversation, your consent alone is sufficient to legally record the call.
Can I record in-person conversations without consent in New Mexico?
The law is not clear on in-person conversations. To be safe, it's recommended to obtain consent from all parties.
What are the penalties for illegal recording in New Mexico?
Unauthorized recording in New Mexico can result in criminal charges, fines, and potential jail time, along with civil liability.
How do New Mexico laws interact with federal recording laws?
While federal law permits one-party consent, New Mexico law governs recordings within the state. It is important to follow New Mexico's legal requirements when any party is located in New Mexico.
Additional Resources
For more information, refer to New Mexico state legal resources or visit our Call Recording Laws by State guide.
The information in this article is intended as a general guide and should not be taken as legal advice. For legal advice, please consult a lawyer.
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