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Can I tape in 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).

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