SENATE BILL 127

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

INTRODUCED BY

Bill B. O'Neill

AN ACT

RELATING TO COMMUNICATIONS; REQUIRING ALL PARTIES TO CONSENT TO RECORD CONFIDENTIAL COMMUNICATIONS.

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

     SECTION 1. Section 30-12-1 NMSA 1978 (being Laws 1963, Chapter 303, Section 12-1, as amended) is amended to read:

     "30-12-1. INTERFERENCE WITH COMMUNICATIONS--DEFINITION--EXCEPTION.--

          A. As used in this section, "confidential message, communication or report" means a message, communication or report made in circumstances that indicate that a party to the message, communication or report desires, and has a reasonable expectation, that the message, communication or report be confined to the parties thereto, but does not include a message, communication or report made in circumstances in which the parties to the message, communication or report may reasonably expect that the message, communication or report may be overheard or recorded.

          B. Interference with communications consists of knowingly and without lawful authority:

                [A.] (1) displacing, removing, injuring or destroying any radio station, television tower, antenna or cable, telegraph or telephone line, wire, cable, pole or conduit belonging to another or the material or property appurtenant [thereto] to them;

                [B.] (2) cutting, breaking, tapping or making any connection with any telegraph or telephone line, wire, cable or instrument belonging to or in the lawful possession or control of another without the consent of [such] the person owning, possessing or controlling [such] the property;

                [C.] (3) reading, interrupting, taking or copying any confidential message, communication or report intended for another by telegraph or telephone without the consent of [a sender or intended recipient thereof] all parties to the confidential message, communication or report;

                [D.] (4) preventing, obstructing or delaying the sending, transmitting, conveying or delivering in this state of any message, communication or report by or through telegraph or telephone; or

                [E.] (5) using any apparatus to do or cause to be done any of the acts [hereinbefore] mentioned in Paragraphs (1) through (4) of this subsection or to aid, agree with, comply or conspire with any person to do or permit or cause to be done any of the acts [hereinbefore] mentioned in those paragraphs.

          C. Whoever commits interference with communications is guilty of a misdemeanor unless [such] the interference with communications is done:

                (1) under a court order as provided in Sections 30-12-2 through 30-12-11 NMSA 1978; [or]

                (2) by an operator of a switchboard or an officer, employee or agent of any communication common carrier in the normal course of [his] employment while engaged in any activity [which] that is a necessary incident to the rendition of [his] services or to the protection of rights or property of the carrier of [such] the communication; or

                (3) by a person acting under color of law in the investigation of a crime where [such] the person is a party to the communication, or one of the parties to the communication has given prior consent to [such] the interception, monitoring or recording of [such] the communication."

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