New Mexico Call Recording Law

Below is a section of the New Mexico State Statutes that we believe apply to recording phone conversations. This information is not intended as a substitute for legal counsel.

From the New Mexico State Code

N.M. Stat. Ann. § 30-12-1: A criminal interference with communications occurs when anyone intercepts, records or discloses the contents of any message sent by telephone or telegraph without the consent of a sender or receiver. Illegal interceptions are misdemeanors. Illegal interceptions carry the potential for civil liability for the greater of actual damages, $100 per day of violation or $1,000, along with punitive damages, attorney fees and litigation costs. N.M. Stat. Ann. § 30-12-11.

An intermediate appellate court has stated that in New Mexico, "one who voluntarily enters into a conversation with another takes the risk that the other person on the line may memorize, record or even transmit the conversation." New Mexico v. Arnold, 610 P.2d 1214 (N.M Ct. App. 1979), rev’d on other grounds, 610 P.2d 1210 (N.M. 1980).

Important Notice

It is always best to talk with an attorney if you have questions about the legal implications of recording calls in your state. We hope this information will serve as a general guide, and is not intended to substitute for expert legal counsel.

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