New Mexico Public Recording Laws: Filming Rights in Public Spaces (2026)

New Mexico has no general law against filming or photographing in public, and the First Amendment protects the right to film on public streets, sidewalks, and parks. There are limits. N.M. Stat. Ann. § 30-9-20 makes it a crime to record a person's intimate areas without their knowledge and consent, even in public. And while § 30-12-1 covers only telephone and telegraph messages, the federal Wiretap Act bars secretly recording a private conversation you are not part of unless a participant consents.

New Mexico broadly protects your right to record in public. The state has no general law against photography or video recording in public spaces, though its voyeurism statute applies even in public. The wiretapping statute under N.M. Stat. Ann. § 30-12-1 covers only telephone and telegraph messages, so state law does not regulate in-person audio. Federal law still does: the federal Wiretap Act bars secretly recording a private conversation you are not part of unless a participant consents (18 U.S.C. § 2511). The First Amendment provides additional constitutional protection for recording activity in public.

This guide explains your public recording rights in New Mexico, including filming on streets and sidewalks, recording at government meetings, filming on private property open to the public, and the limits that apply.

First Amendment Recording Rights

The Constitutional Foundation

The First Amendment protects the right to gather information in public spaces, which includes recording through photography, video, and audio. Several federal appeals courts have recognized that recording in public, particularly recording police, is a form of protected expression and newsgathering.

The Tenth Circuit Court of Appeals, which has jurisdiction over New Mexico, recognized for the first time in Irizarry v. Yehia, 38 F.4th 1282 (10th Cir. Jul. 11, 2022) that there is a First Amendment right to film police performing their duties in public, subject to reasonable time, place, and manner restrictions. While that case specifically addressed recording police officers, part of the court's reasoning was that videorecording is itself speech-creation, not mere conduct.

What You Can Record in Public

In public spaces in New Mexico, you can record:

• People walking on streets and sidewalks
• Buildings, monuments, and public art
• Traffic, vehicles, and street activity
• Public protests, rallies, and demonstrations
• Street performers and public events
• Government buildings (exterior and open-access interior areas)
• Police officers performing their duties
• Anything visible from a public vantage point

Limits on Public Recording

Public recording rights are broad but not absolute:

• You cannot block pedestrian or vehicle traffic while recording
• You cannot trespass on private property to record
• You cannot record a person's intimate areas without their knowledge and consent, even in public, for example by filming up a skirt (N.M. Stat. Ann. § 30-9-20)
• You cannot secretly record a private conversation you are not part of without a participant's consent (18 U.S.C. § 2511)
• You cannot use recording to facilitate another crime (stalking, harassment)
• Certain government facilities may restrict recording in secure areas
• Court rules may prohibit recording during judicial proceedings

Recording at Government Meetings

The Open Meetings Act

New Mexico's Open Meetings Act (N.M. Stat. Ann. § 10-15-1) requires that meetings of public bodies be open to the public and that "reasonable efforts shall be made to accommodate the use of audio and video recording devices."

This means you can bring recording equipment to:

• City council meetings
• County commission meetings
• School board meetings
• Public hearings
• Meetings of any quorum of a public policymaking body
• Special district board meetings (water, fire, hospital)

Section 10-15-1 does not apply to the Legislature or the courts. Legislative committee meetings are open under N.M. Stat. Ann. § 10-15-2 unless joint legislative rules provide otherwise, and that section says nothing about accommodating recording devices.

What Qualifies as a "Meeting"

Under the Open Meetings Act, a "meeting" includes any gathering of a quorum of members of a public body at which they discuss or act on public business. This covers formal sessions, work sessions, retreats, and informal gatherings where a quorum is present and public business is discussed.

Closed Sessions

Public bodies can close portions of meetings for specific purposes:

• Attorney-client privileged discussions
• Personnel matters involving specific individuals
• Real estate acquisition or disposal negotiations
• Labor negotiations
• Matters subject to the attorney-client privilege

Recording is not permitted during properly closed sessions. However, the public body must vote in open session to close the meeting and state the specific reason.

Enforcement

The attorney general and district attorneys enforce the Open Meetings Act. You may also go to district court yourself under N.M. Stat. Ann. § 10-15-3, but only after you give the public body written notice of the claimed violation and it denies the claim or fails to act within 15 days. The New Mexico Attorney General's office also provides guidance and enforcement support for Open Meetings Act violations.

Recording in Government Buildings

General Access Areas

Areas of government buildings open to the public, such as lobbies, hallways, and service counters, are generally available for recording. You can record:

• Interactions with government employees at service counters
• Conversations you participate in with government officials
• Public areas of courthouses (outside courtrooms)
• Public areas of police stations
• Motor vehicle offices, tax offices, and licensing offices

Restricted Areas

Some government areas may restrict recording:

• Courtrooms during proceedings (subject to court rules and judge's discretion)
• Secure areas of law enforcement facilities (booking areas, holding cells)
• Restricted areas of federal buildings and military installations
• Juvenile court proceedings are typically closed to the public

Recording on Private Property Open to the Public

The General Rule

Private property that is open to the public, such as shopping malls, restaurants, stores, and entertainment venues, presents a middle ground. While you are lawfully on the premises, you can generally record. However, the property owner or manager has the right to:

• Ask you to stop recording
• Ask you to leave the premises
• Call law enforcement if you refuse to leave (trespass)

Until you are asked to stop, recording on private property open to the public is generally not a crime in New Mexico.

Common Scenarios

• Recording in a store: Legal until the store manager asks you to stop
• Recording in a restaurant: Legal in the dining area; staff may ask you to stop
• Recording in a movie theater: Prohibited by federal law if recording the movie itself
• Recording in a hospital waiting room: Legal, but staff may restrict recording near patient care areas

Audio Recording in Public Spaces

In-Person Audio: Participants and Open Speech

New Mexico's wiretapping statute covers only telephone and telegraph messages, so state law sets no consent rule for in-person audio. Federal law fills part of that gap. The federal Wiretap Act makes it a crime to intercept an oral communication made by someone who justifiably expects it is not being recorded, unless a party to the conversation consents (18 U.S.C. § 2511). In public, you can:

• Record conversations you participate in
• Capture speech made openly where anyone nearby can hear it, such as at a rally or a public meeting
• Capture ambient audio while video recording
• Use wearable recording devices with audio capability for conversations you take part in

Do not secretly record a private conversation between other people, such as two people talking quietly on a bench, unless one of them consents. That can be a federal crime even in a public place.

When Public Audio Recording Becomes Problematic

Even where neither wiretap law applies, recording audio in public can cross legal lines if:

• It constitutes stalking or harassment under New Mexico law
• It is used to intimidate or threaten someone
• It captures audio in areas with a reasonable expectation of privacy (public restrooms, doctor's offices)
• It is part of a pattern of surveillance targeting a specific individual

Recording Public Events

Festivals, Parades, and Public Gatherings

You can generally record parades, festivals, farmer's markets, concerts in public parks, and community gatherings held in open public spaces. Whether the organizer of a ticketed or permitted event on public property can restrict recording depends on the event's terms and the venue, so check before you go.

Private Events in Public-Adjacent Spaces

Events held on private property, even if visible from public spaces, may have different rules. The event organizer can set recording policies on their private property. However, you can still record anything visible and audible from a public vantage point.

Sporting Events

Professional and collegiate sporting events typically have ticket terms that restrict recording. These restrictions are enforceable as conditions of entry on private property. Public high school sporting events held on public school property may have different rules based on school district policies.

More New Mexico Recording Laws

Audio Recording | Video Recording | Voyeurism & Hidden Cameras | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording

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Frequently Asked Questions

Can I record video in public in New Mexico?

Generally, yes. New Mexico has no general law against video recording in public spaces, and the First Amendment protects your right to film on public streets, sidewalks, parks, and other public areas. The main exception is voyeurism: recording a person's intimate areas without their knowledge and consent, such as filming up a skirt, is a crime even in public under N.M. Stat. Ann. § 30-9-20.

Can I record audio of conversations in public without consent in New Mexico?

It depends on whether you are part of the conversation. New Mexico's wiretapping statute only covers telephone and telegraph messages, so you can record in-person conversations you take part in, and speech made openly in public. Secretly recording a private conversation between other people without one of them consenting can violate the federal Wiretap Act (18 U.S.C. § 2511), even in a public place.

Can I record a city council meeting in New Mexico?

Yes. The Open Meetings Act (N.M. Stat. Ann. § 10-15-1) requires public bodies to make reasonable efforts to accommodate audio and video recording devices during open meetings. This applies to city councils, county commissions, school boards, and other state and local public bodies, but not to the Legislature or the courts.

Can a store manager tell me to stop recording in New Mexico?

Yes. While recording on private property open to the public is not illegal, the property owner or manager can ask you to stop and ask you to leave. If you refuse to leave after being asked, you may face trespass charges.

Can I film inside a New Mexico courthouse?

You can generally record in public areas of courthouses such as lobbies and hallways. Recording inside courtrooms during proceedings is subject to the judge's discretion and court rules. Always check with court staff before recording in a courtroom.