N.M. Stat. § 14-2-1.2 — NM_STATUTES Code / Chapter 14 / Article 2 / Section 14-2-1.2
§ 14-2-1.2. Law enforcement records
Status: in_force

A. Law enforcement records are public records, except as provided by law and this subsection, and provided that the presence of nonpublic information may be redacted from a written record or digitally obscured in a visual or audio record, including:

(1) before charges are filed, names, addresses, contact information or protected personal identifier information of individuals who are victims of or non-law-enforcement witnesses to an alleged crime of:

(a) assault with intent to commit a violent felony pursuant to Section 30-3-3 NMSA 1978 when the violent felony is criminal sexual penetration;

(b) assault against a household member with intent to commit a violent felony pursuant to Section 30-3-14 NMSA 1978 when the violent felony is criminal sexual penetration;

(c) stalking pursuant to Section 30-3A-3 NMSA 1978;

(d) aggravated stalking pursuant to Section 30-3A-3.1 NMSA 1978;

(e) criminal sexual penetration pursuant to Section 30-9-11 NMSA 1978;

(f) criminal sexual contact pursuant to Section 30-9-12 NMSA 1978; or

(g) sexual exploitation of children pursuant to Section 30-6A-3 NMSA 1978;

(2) before charges are filed, names, addresses, contact information or protected personal identifier information of individuals who are accused but not charged with a crime;

(3) visual depiction of a dead body, unless a law enforcement officer, acting in that capacity, caused or is reasonably alleged or suspected to have caused the death;

(4) visual depiction of great bodily harm, as defined in Section 30-1-12 NMSA 1978, or acts of severe violence resulting in great bodily harm, unless a law enforcement officer, acting in that capacity, caused or is reasonably alleged or suspected to have caused the great bodily harm or act of severe violence;

(5) visual depiction of an individual's intimate body parts, including the genitals, pubic area, anus or postpubescent female nipple, whether nude or visible through less than opaque clothing;

(6) visual or audio depiction of the notification to a member of the public of a family member's death;

(7) confidential sources, methods or information; or

(8) records pertaining to physical or mental examination and medical treatment of persons unless the information could be relevant to a criminal investigation or an investigation of misfeasance, malfeasance or other suspected violation of law conducted by a person elected to or employed by a public body.

B. A request for release of video or audio shall specify at least one of the following:

(1) the computer-aided dispatch record number;

(2) the police report number;

(3) the date or date range with reasonable specificity and at least one of the following:

(a) the name of a law enforcement officer or first responder;

(b) the approximate time; or

(c) the approximate location; or

(4) other criteria established and published by a law enforcement agency to facilitate access to videos.

C. Except for confidential sources, methods or information, a request to view video or hear audio on-site of a public body is not subject to the restrictions in Subsections A and B of this section. Any recording or copying of video or audio from such viewing or listening is subject to the restrictions in this section.

D. As used in this section, “ law enforcement records ” includes evidence in any form received or compiled in connection with a criminal investigation or prosecution by a law enforcement or prosecuting agency, including inactive matters or closed investigations to the extent that they contain the information listed in this subsection; provided that the presence of such information on a law enforcement record does not exempt the record from inspection.