New Mexico
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).
