New Mexico

New Mexico Video Recording Laws: Surveillance, Filming, and Consent Rules (2026)

By Recording Law Editorial TeamPublished March 24, 2026Reviewed May 15, 20269 min read

New Mexico has no general ban on video recording in public spaces, and the wiretapping statute under N.M. Stat. Ann. § 30-12-1 covers only telephone and wire communications, so it does not restrict in-person video. Voyeurism under N.M. Stat. Ann. § 30-9-20 prohibits recording in places with a reasonable expectation of privacy.

New Mexico places few restrictions on video recording in public spaces. The state has no general statute that prohibits filming people in public, and the wiretapping law under N.M. Stat. Ann. § 30-12-1 covers only telephone and wire communications rather than visual recording. However, New Mexico does enforce strong protections against voyeurism and unauthorized distribution of intimate images.

This guide explains New Mexico's video recording laws in detail, covering public filming rights, private property rules, voyeurism penalties, workplace surveillance, and how video evidence is treated in court.

Public Video Recording in New Mexico

Your Right to Film in Public

New Mexico recognizes broad rights to video record in public spaces. You can legally film:

On public streets, sidewalks, and parks
At public protests and demonstrations
During public government meetings under the Open Meetings Act (N.M. Stat. Ann. § 10-15-1)
At public events and gatherings
From any location where you have a legal right to be
Anything visible from a public vantage point, including building exteriors

The First Amendment protects your right to gather information in public spaces, including through video recording. The Tenth Circuit Court of Appeals, which has jurisdiction over New Mexico, formally recognized a First Amendment right to film police officers performing their duties in public in Irizarry v. Yehia, 38 F.4th 1282 (10th Cir. Jul. 11, 2022), clearly established as of May 26, 2019.

Limitations on Public Filming

While public filming is broadly protected, some restrictions apply:

Military and federal installations may prohibit photography and video recording under federal law.
Courthouses may restrict recording during judicial proceedings under court rules.
Airport security areas regulated by the TSA have specific rules about filming checkpoints.
You cannot block pedestrian or vehicle traffic while filming.
You cannot trespass on private property to obtain a better camera angle.

Video Recording at Government Meetings

New Mexico's Open Meetings Act requires public bodies to make "reasonable efforts" to accommodate audio and video recording devices during open meetings. This means you can bring cameras to:

City council meetings
County commission meetings
School board meetings
State legislative proceedings
Public hearings and committee meetings

Closed executive sessions are the exception. Public bodies may close meetings for limited purposes such as attorney-client discussions, personnel matters, and real estate negotiations.

Private Property Video Recording Rules

New Mexico smartphone face-up on a car seat showing a glowing waveform, seatbelt and door blurred behind

Property Owner Rights

On private property, the property owner or manager sets the rules about video recording. Businesses and homeowners can:

Prohibit filming on their premises
Ask you to stop recording and leave
Call law enforcement if you refuse to stop recording after being asked
Post signs stating that recording is not permitted

If you are asked to stop filming on private property and refuse, you may face trespass charges. The property owner does not need to give a reason for restricting video recording.

Video Surveillance on Your Own Property

New Mexico homeowners can install video surveillance cameras on their own property. Best practices include:

Position cameras to capture your own property rather than a neighbor's private areas
Do not aim cameras at windows or enclosed areas of neighboring properties
Inform guests and visitors about visible security cameras
Avoid recording areas where others have a reasonable expectation of privacy

For businesses, security cameras in common areas like lobbies, sales floors, and parking lots are standard practice. Cameras should not be placed in bathrooms, changing rooms, or other private areas.

Voyeurism Laws: N.M. Stat. Ann. § 30-9-20

New Mexico folded pair of smart glasses resting on a wooden desk beside a closed notebook, soft daylight

What the Voyeurism Statute Prohibits

New Mexico's voyeurism law under N.M. Stat. Ann. § 30-9-20 makes it a crime to use a recording device to capture images of another person in a state of undress or engaged in sexual activity in a place where the person has a reasonable expectation of privacy.

The statute prohibits:

Hidden cameras in private areas such as bathrooms, locker rooms, hotel rooms, and dressing rooms
Upskirting and downblousing using concealed cameras to capture images under or through clothing
Peeping through windows or other openings to view someone in a private setting

Penalties for Voyeurism

Offense	Classification	Potential Penalty
Voyeurism (first offense)	Misdemeanor	Up to 1 year jail, fine
Voyeurism involving a minor	Enhanced penalties	Varies by circumstances
Distribution of voyeuristic images	Additional charges possible	Varies

Voyeurism convictions can also trigger sex offender registration requirements depending on the circumstances, particularly when the victim is a minor.

Unauthorized Distribution of Intimate Images

New Mexico phone mounted on a windshield seen from inside a parked car, an empty street blurred ahead through the glass

N.M. Stat. Ann. § 30-37A-1 and the TAKE IT DOWN Act

New Mexico's unauthorized distribution of intimate images law under N.M. Stat. Ann. § 30-37A-1 makes it illegal to distribute intimate images of another person without their consent. This law covers what is commonly called "revenge porn." The federal TAKE IT DOWN Act (enacted May 19, 2026) supplements state law by requiring online platforms to remove non-consensual intimate images, including AI-generated deepfakes, within 48 hours of a victim's notice request.

Offense	Classification	Potential Penalty
First offense	Misdemeanor	Up to 1 year jail, fine
Subsequent offenses	Fourth-degree felony	Up to 18 months prison

The law applies to images captured with consent that are later distributed without permission. It provides an important layer of protection beyond the voyeurism statute.

Video Recording and the Wiretap Statute

Why Video Does Not Trigger Wiretap Liability

New Mexico's wiretapping statute under N.M. Stat. Ann. § 30-12-1 covers only "telegraph or telephone" communications. This means:

Silent video recording does not fall under the wiretap statute at all
Video with in-person audio does not trigger wiretap liability because in-person conversations are not covered
Video calls (Zoom, FaceTime, etc.) may be covered by the wiretap statute for their audio component, with one-party consent required

This creates a permissive environment for video recording in New Mexico, with the primary restrictions coming from voyeurism laws and property rights rather than the wiretapping statute.

Workplace Video Surveillance

Employer Rights

New Mexico employers can install video surveillance cameras in common work areas where employees do not have a reasonable expectation of privacy. Acceptable locations include:

Lobbies and reception areas
Sales floors and warehouse spaces
Parking lots and exterior areas
Hallways and common corridors

Prohibited Areas for Workplace Cameras

Employers cannot place video cameras in:

Bathrooms and restrooms
Locker rooms and changing areas
Private offices where the door is closed (may be contested)
Breakrooms with an expectation of privacy

Employee Rights

New Mexico employees can use personal video recording devices in the workplace. Since the wiretapping statute does not cover in-person communications, capturing video and audio of workplace interactions requires no consent. However, employers may enforce internal policies that restrict recording, and violating those policies can lead to disciplinary action.

The National Labor Relations Act protects employees who record as part of concerted activity, such as documenting unsafe working conditions or labor violations.

Using Video Recordings as Evidence

Admissibility in New Mexico Courts

Video recordings made lawfully are generally admissible as evidence in New Mexico courts. Courts evaluate video evidence based on:

Authentication: The person who made the recording or an expert must verify it is genuine and unaltered.
Relevance: The video must relate to an issue in the case.
Chain of custody: The court may examine how the recording was stored and handled.
Prejudicial vs. probative value: The video's evidentiary value must outweigh any potential for unfair prejudice.

Best Practices for Preserving Video Evidence

Save the original file without editing.
Record metadata including the date, time, and location.
Back up the file to multiple locations immediately.
Document the circumstances of the recording.
Provide the video to your attorney early in any legal proceedings.

Drone and Aerial Video Recording

Drone operators in New Mexico must comply with FAA regulations for unmanned aircraft systems. Key rules include:

Register drones weighing more than 0.55 pounds with the FAA
Fly below 400 feet in uncontrolled airspace
Maintain visual line of sight with the drone
Do not fly over people or moving vehicles without proper authorization
Respect privacy when capturing aerial video of residential areas

New Mexico does not have a specific state law governing drone video recording, so federal FAA rules and general state privacy principles apply.

More New Mexico Recording Laws

Back to New Mexico Recording Laws

More New Mexico Laws

Frequently Asked Questions

Is it legal to video record someone in New Mexico without their knowledge?

In public spaces, yes. New Mexico has no general prohibition on video recording in public. However, recording someone in a place where they have a reasonable expectation of privacy, such as a bathroom or changing room, is illegal under the voyeurism statute N.M. Stat. Ann. § 30-9-20.

Can I film on private property in New Mexico?

Only with the property owner's permission. Property owners can prohibit filming and ask you to leave. If you refuse, you may face trespass charges. On your own property, you can install security cameras as long as they do not capture private areas of neighboring properties.

What is the penalty for voyeurism in New Mexico?

Voyeurism under N.M. Stat. Ann. § 30-9-20 is a misdemeanor for a first offense, punishable by up to 1 year in jail. Cases involving minors carry enhanced penalties. Sex offender registration may be required depending on the circumstances.

Does New Mexico have a revenge porn law?

Yes. N.M. Stat. Ann. § 30-37A-1 makes unauthorized distribution of intimate images a misdemeanor for a first offense (up to 1 year jail) and a fourth-degree felony for subsequent offenses (up to 18 months prison). The law covers images shared without consent.

Can video recordings be used as evidence in New Mexico courts?

Yes. Lawfully obtained video recordings are generally admissible in New Mexico courts. The recording must be authenticated as genuine and relevant to the case. Illegally obtained video, such as footage captured through voyeurism, is typically inadmissible.

Sources and References

N.M. Stat. Ann. § 30-12-1(nmonesource.com).gov
New Mexico Legislature(nmlegis.gov).gov
FAA UAS(faa.gov).gov
NLRA(nlrb.gov).gov
N.M. Stat. Ann. § 30-9-20 - Voyeurism(law.justia.com)
N.M. Stat. Ann. § 30-37A-1 - Unauthorized Distribution of Intimate Images(law.justia.com)
N.M. Stat. Ann. § 10-15-1 - Open Meetings Act(law.justia.com)