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Is it legal to record a call in New Mexico?

New Mexico is a one-party consent state for recording conversations. In a one-party consent state, a party to the conversation may record it.

The statute

by a person acting under color of law in the investigation of a crime where [ such ] the person is a party to the communication, or one of the parties to the communication has given prior consent to [ such ] the interception, monitoring or recording of [ such ] the communication." - 3 -

NMSA 1978 30-12-1. Last verified 2026-07-03.source

Penalties under the New Mexico statute

The operative penalty language, quoted from the same archived official source:

Whoever commits interference with communications is guilty of a misdemeanor

NMSA 1978 30-12-1.source

Frequently asked questions

Can I record a phone call I am on in New Mexico?

New Mexico is a one-party consent state for recording conversations. In a one-party consent state, a party to the conversation may record it. See the statute quoted above and confirm at the official source linked below. This is general information, not legal advice.

What penalties does the New Mexico statute provide?

The archived statute text provides: "Whoever commits interference with communications is guilty of a misdemeanor" See the quoted provision above and the official source for full context. This is general information, not legal advice.

Sources

Important

This page is general information, not legal advice. Recording laws have edge cases that this summary does not cover, including in-person versus phone recording, calls that cross state lines, and law-enforcement exceptions. Laws change. Confirm the current statute at the official source linked below, and consult your own counsel before relying on it.