Is It Legal To Record A Conversation In New Mexico – is the article you’re searching for. Hopefully, you can find information related to Is It Legal To Record A Conversation In New Mexico here, all of which we’ve summarized from various reliable sources.
<!DOCTYPE html>
In New Mexico, a two-party consent law governs the recording of conversations. This means that, in general, it is a crime to record a conversation without the consent of all parties involved.
The New Mexico Wiretapping and Electronic Surveillance Act defines “intercept” as the “aural acquisition of the contents of any wire, oral, or electronic communication through the use of any electronic, mechanical, or other device.” This means that recording a conversation without the consent of all parties involved is considered an “intercept” and is therefore illegal. However, there are some exceptions to this rule.
Exceptions to the Two-Party Consent Law
There are a few exceptions to the two-party consent law in New Mexico. These include:
- Conversations that occur in a public place.
- Conversations that are intercepted by law enforcement officers in the course of their duties.
- Conversations that are recorded with the consent of one party involved.
- Conversations that are recorded for the purpose of protecting oneself from harm.
One Party Consent: In limited circumstances, New Mexico permits one-party consent if:”The communication was uttered at a time when one of the parties to the communication did not have a reasonable expectation of privacy and did not know or should not have known that electronic amplication or recording was taking place.” And the person who did the recording must be present during the conversation.
This limited one-party exception applies only to certain situations, such as recording a conversation in a public place or recording a conversation with someone who is not aware that they are being recorded.
What is a Violation of the Wiretapping and Electronic Surveillance Act?
In simple terms, a violation of the two-party consent law occurs when someone intentionally intercepts, without consent, any wire, oral, or electronic communication and commits any of the following unlawful acts:
- The contents of any wire, oral, or electronic communication are intentionally disclosed, or intentionally used to the advantage or disadvantage of any person other than the person referred to in Paragraph a 1 of this section
- Such contents are intentionally intercepted for the purpose of committing any crime or tortious act
- Any information concerning the existence or contents of any wire, oral, or electronic
communication, or evidence derived therefrom, is intentionally used or disclosed in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, legislative committee or other authority of the state or a political subdivision thereof, or in or before any federal court or federal regulatory body.
Penalties for Violating the Wiretapping and Electronic Surveillance Act
Anyone who violates the Wiretapping and Electronic Surveillance Act is labeled a “wiretapper” and is guilty a fourth degree felony and upon conviction shall be sentenced to imprisonment for a term not less than one year nor more than four years.
Tips for Recording Conversations in New Mexico
If you are planning on recording a conversation in New Mexico, it is important to follow these tips:
- Get consent from older parties participating in the conversation that is to be recorded.
- Make sure to tell all parties if you are recording and wait for their response.
- Record in a safe place.
- Be aware of primarily audio environments and distances.
Recording Lawfully Obtained vs Unlawful Obtained Communications: If the communication was otherwise lawfully obtained it may be admissible as evidence notwithstanding the intercept of the clerk or other personnel. Which basically means that admissible evidence obtained lawfully can be “used” even if illegally gathered . An individual cannot assert that evidence illegally obtained by another person be suppressed on the grounds that he or she was not a party to the intercept. and Civil remedies—A person whose wire oral, or electronic communication is intercepted intercepted unlawfully acting has standing to sue.
Conclusion
The New Mexico Wiretapping and Electronic Surveillance Act is a complex law that should be carefully considered before recording a conversation.
By following these tips, you can help to ensure that you are recording conversations legally.
Disclaimer: The preceding is not intended as nor should be considered legal advice and you should never rely on legal advice provided on the internet. Opinions expressed and the presentation herein should not be construed as the opinions and presentation of Associated Attorneys or as an endorsement by Associated Attorneys of the authors, editors, and publishers hereof.
Are you sure you want to learn New Mexico’s “eavesdropping” and “wiretapping/interception of telephone, telegraph, or other communications” laws?
Image: www.infetech.com
Thank you for reading Is It Legal To Record A Conversation In New Mexico on our site. We hope you find this article beneficial.
