New Mexico Video Surveillance Agreement and Release
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FAQ
NEW MEXICO is considered a One-Party Consent State, in that at least one person involved in the recorded communication must give permission.
New Mexico law does not appear to prohibit recording in-person conversations without consent. However, the consent of one party is required to legally record electronic communications. Illegal recording is a misdemeanor, and can subject offenders to civil damages as well.
NEW MEXICO is considered a One-Party Consent State, in that at least one person involved in the recorded communication must give permission.
Under the federal Wiretap Act, it is illegal for any person to secretly record an oral, telephonic, or electronic communication that other parties to the communication reasonably expect to be private. (18 U.S.C. § 2511.)
Illegal recording is a crime in the third degree and can also provide the basis for civil damages. New Mexico law does not appear to prohibit recording in-person conversations without consent. However, the consent of one party is required to legally record electronic communications.
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.
Always Know the Law While there is single party consent in New Mexico, you cannot invade a person's privacy. Therefore, you could not go to an officer's home and record them while they are off duty. Instead, you are now breaching their right to privacy, and your recording is no longer legal.
All-Party Consent States. There are currently 36 states, as well as the District of Columbia, that are one-party states. A one-party state means that as long as you are a part of the conversation, you can record that conversation without the other party's consent.
