New Mexico call recording law
Is New Mexico a one-party consent state?
One-party consent
Yes, for phone calls. New Mexico makes it a crime to take or copy a telephone message intended for another without the consent of a sender or intended recipient, so the consent of one party is enough (N.M. Stat. Ann. § 30-12-1).
Last checked October 13, 2026 · 11 quoted facts from official pages
New Mexico at a glance
- Phone calls
- One-party consent
- The law
- N.M. Stat. Ann. § 30-12-1 (interference with communications) (official source, opens in a new tab)
- In-person conversations
- A different rule (see below)
- Criminal penalty
- Interference with communications is a misdemeanor: county jail for a definite term of less than one year, a fine of up to $1,000, or both.
- Lawsuits
- A person whose wire or oral communication was unlawfully intercepted, disclosed or used may recover actual damages, but not less than liquidated damages of $100 per day of violation or $1,000 (whichever is higher), plus punitive damages and a reasonable attorney's fee and litigation costs.
- Last checked
- October 13, 2026
The law
Penalties
- Criminal
- Interference with communications is a misdemeanor: county jail for a definite term of less than one year, a fine of up to $1,000, or both.
- Civil (lawsuits)
- A person whose wire or oral communication was unlawfully intercepted, disclosed or used may recover actual damages, but not less than liquidated damages of $100 per day of violation or $1,000 (whichever is higher), plus punitive damages and a reasonable attorney's fee and litigation costs.
In-person conversations
An annotation in the official compilation describes a Court of Appeals decision holding that the telephone provision does not apply to a face-to-face conversation (State v. Hogervorst, 1977).
What this means for a business that records calls
Annotations in the official compilation describe decisions holding that a person on the line takes the risk that the other person may record the conversation (State v. Arnold, 1979, reversed on other grounds), and that § 30-12-1 is not violated when calls from a jail are recorded after the caller has been given notice (State v. Johnson, 2010).
Notices and warnings: An annotation in New Mexico’s official compilation describes a decision holding that § 30-12-1 is not violated when calls placed from a jail are recorded after the caller has been given notice (State v. Johnson, 2010).
Callers can be in any state. The state-by-state table compares every state's rule, and the disclosure generator writes a plain notice sentence such as “This call may be recorded.” Whether a notice is enough under New Mexico's law is a question for a lawyer licensed in New Mexico.
Recording notices on CallFlux numbers
CallFlux plays a recording notice to callers on every tracking number that records, before the call connects.
What the official sources say
The offense requires acting knowingly and without lawful authority.
“Interference with communications consists of knowingly and without lawful authority:”
Source: nmonesource.com (official source, opens in a new tab) · read October 13, 2026
Copying a telephone message is an offense only without the consent of a sender or intended recipient (one-party consent).
“taking or copying any message, communication or report intended for another by telegraph or telephone without the consent of a sender or intended recipient”
Source: nmonesource.com (official source, opens in a new tab) · read October 13, 2026
Tapping a telephone line belonging to another is an offense without the consent of the line's owner or controller.
“cutting, breaking, tapping or making any connection with any telegraph or telephone line ... without the consent of such person owning, possessing or controlling”
Source: nmonesource.com (official source, opens in a new tab) · read October 13, 2026
Interference with communications is a misdemeanor.
“Whoever commits interference with communications is guilty of a misdemeanor,”
Source: nmonesource.com (official source, opens in a new tab) · read October 13, 2026
Misdemeanor sentence: county jail for less than one year or a fine up to $1,000.
“imprisoned in the county jail for a definite term less than one year or to the payment of a fine of not more than ... ($1,000)”
Source: nmonesource.com (official source, opens in a new tab) · read October 13, 2026
The judge may impose both jail and a fine for a misdemeanor.
“or to both such imprisonment and fine in the discretion of the judge.”
Source: nmonesource.com (official source, opens in a new tab) · read October 13, 2026
Civil damages floor: $100 per day of violation or $1,000, whichever is higher.
“liquidated damages computed at the rate of one hundred dollars ($100) for each day of violation or one thousand dollars ($1,000), whichever is higher”
Source: nmonesource.com (official source, opens in a new tab) · read October 13, 2026
Civil plaintiffs may also recover punitive damages, attorney's fees and costs.
“punitive damages; and a reasonable attorney's fee and other litigation costs reasonably incurred.”
Source: nmonesource.com (official source, opens in a new tab) · read October 13, 2026
Show 3 more facts
Annotation in the official compilation (State v. Hogervorst, N.M. Ct. App. 1977): the telephone provision does not apply to face-to-face conversations.
“Subsection C of this section pertains to telephone conversations or telegraph messages, and was not applicable to a face-to-face conversation”
Source: nmonesource.com (official source, opens in a new tab) · read October 13, 2026
Annotation in the official compilation (State v. Arnold, N.M. Ct. App. 1979, reversed on other grounds): a participant may record the conversation.
“takes the risk that the other person on the line may memorize, record or even transmit the conversation”
Source: nmonesource.com (official source, opens in a new tab) · read October 13, 2026
Annotation in the official compilation (State v. Johnson, 2010-NMSC-016): no violation where jail callers were given notice of recording.
“Section 30-12-1 NMSA 1978 is not violated when telephone calls placed from a jail are recorded after the caller has been given notice”
Source: nmonesource.com (official source, opens in a new tab) · read October 13, 2026
New Mexico call recording questions
Is New Mexico a one-party consent state?
Yes, for phone calls. New Mexico makes it a crime to take or copy a telephone message intended for another without the consent of a sender or intended recipient, so the consent of one party is enough (N.M. Stat. Ann. § 30-12-1).
What is the penalty for recording a call illegally in New Mexico?
Interference with communications is a misdemeanor: county jail for a definite term of less than one year, a fine of up to $1,000, or both.
What does New Mexico's law say about lawsuits over recorded calls?
A person whose wire or oral communication was unlawfully intercepted, disclosed or used may recover actual damages, but not less than liquidated damages of $100 per day of violation or $1,000 (whichever is higher), plus punitive damages and a reasonable attorney's fee and litigation costs.
Does New Mexico use the same rule for in-person conversations?
An annotation in the official compilation describes a Court of Appeals decision holding that the telephone provision does not apply to a face-to-face conversation (State v. Hogervorst, 1977).
What do New Mexico's sources say about businesses that record calls?
Annotations in the official compilation describe decisions holding that a person on the line takes the risk that the other person may record the conversation (State v. Arnold, 1979, reversed on other grounds), and that § 30-12-1 is not violated when calls from a jail are recorded after the caller has been given notice (State v. Johnson, 2010).