SENATE BILL 261

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Bill B. O'Neill

AN ACT

RELATING TO COMMUNICATIONS; PROHIBITING THE RECORDING OR TRANSMITTING OF ORAL COMMUNICATIONS WITHOUT THE CONSENT OF ALL PARTIES TO THE COMMUNICATIONS; MAKING EXCEPTIONS; PROVIDING A PENALTY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of Chapter 30, Article 12 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] UNLAWFUL RECORDING--PENALTY.--

          A. Unlawful recording consists of electronic or digital recording or transmitting of any oral communication without the consent of all parties to the communication.

          B. Whoever commits unlawful recording is guilty of a misdemeanor unless:

                (1) the parties to the communication do not have a reasonable expectation that the communication is private;

                (2) the recording or transmitting is conducted pursuant to a court order as provided in Sections 30-12-2 through 30-12-11 NMSA 1978;

                (3) the recording or transmitting is conducted by a law enforcement or public safety officer or employee in performance of the officer's or employee's duties and with the consent of at least one party to the communication; or

                (4) the communication:

                     (a) is of an emergency nature, such as the reporting of a fire, medical emergency, crime or disaster;

                     (b) conveys threats of extortion, blackmail, bodily harm or other unlawful requests or demands; or

                     (c) occurs anonymously, repeatedly or at an extremely inconvenient hour."

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