New Mexico

One-party consent

New Mexico is a one-party consent jurisdiction: a participant in the conversation may record it without telling the others.

The part that catches people out

Our reading, not verified text. Everything in this section is editorial judgment about how the statute works. Unlike the statute above, the reading itself has not been checked against a source.

One-party by negative implication rather than by an express participant exception. § 30-12-1(C) reaches reading or copying a message 'without the consent of a sender or intended recipient', and the only express one-party exception is written for persons acting under colour of law. Two gaps worth knowing: the section covers communications 'by telegraph or telephone' only, so a purely in-person oral conversation is not reached by this statute at all.

Where this comes from

Federal floor

Federal law permits recording with one party's consent unless the recording is made to commit a crime or tort. Federal law is the FLOOR; a state may and many do require more. Where an interstate call touches two states with different rules, the safe assumption is the stricter one. See 18 U.S.C. § 2511(2)(d).

Reference information, not legal advice. Statutes change and courts read them differently; confirm the current text with the linked primary source and counsel licensed in the jurisdiction before relying on it.

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