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    Revenge Porn Laws in New Mexico (2026): Your Rights and What to Do

    New Mexico treats unauthorized distribution of sensitive images as a felony from the first offense. Civil recovery relies on common-law privacy claims rather than a dedicated statute, and AI-image coverage under the criminal law is not yet confirmed.

    New Mexico at a Glance

    Statute
    Unauthorized Distribution of Sensitive Images — N.M. Stat. Ann. § 30-37A-1
    Criminal classification
    Fourth degree felony; third degree felony for repeat offenses
    Maximum penalty
    Up to 18 months in prison and a $5,000 fine; up to three years for a repeat, third degree felony offense
    Can you sue?
    Yes — civil claim generally pursued under New Mexico common-law privacy tort principles
    Time limit to sue
    Generally three years under N.M. Stat. Ann. § 37-1-8
    Deepfakes / AI images
    Unclear

    Is Revenge Porn Illegal in New Mexico?

    Yes. N.M. Stat. Ann. § 30-37A-1 makes it a crime to intentionally distribute a sensitive image of another identifiable person without their consent, where the person depicted had a reasonable expectation of privacy and distribution was intended to harass, intimidate, or coerce them, or would cause a reasonable person harm.

    A sensitive image generally means an image depicting uncovered genitals, pubic area, anus, or female nipple, or a person engaged in sexual conduct. Distribution covers posting, sending, or otherwise sharing the image with others.

    Exceptions apply for lawful purposes, such as law enforcement investigations and legal proceedings, but sharing a former partner's private images to embarrass or punish them falls squarely within the statute.

    Penalties for Sharing Intimate Images in New Mexico

    A first offense under § 30-37A-1 is generally a fourth degree felony, punishable by up to 18 months in prison and a fine of up to $5,000. A repeat offense can be charged as a third degree felony, carrying up to three years in prison.

    Related charges often accompany this offense, including stalking, harassment, and extortion where images are used to demand money or further images. New Mexico's computer crime statutes may also apply if the images were obtained by hacking.

    Where the images depict a minor, New Mexico's sexual exploitation of children statutes apply instead, carrying far more severe felony penalties and mandatory sex-offender registration.

    Can I Sue Someone in New Mexico?

    New Mexico does not have a dedicated civil statute for nonconsensual pornography, but victims can generally bring a civil claim under common-law privacy torts, such as public disclosure of private facts or intentional infliction of emotional distress, to recover damages.

    Where the images were shared in breach of a written agreement between the two of you, that agreement can be used as evidence that there was no consent to share, supporting a related breach-of-contract claim.

    New Mexico's general personal-injury limitation period is three years under N.M. Stat. Ann. § 37-1-8, so speak with a New Mexico attorney promptly to confirm the deadline that applies to your facts.

    Does New Mexico Cover Deepfakes and AI Images?

    It is unclear. New Mexico's statute was not written with AI-generated or 'deepfake' images specifically in mind, and there is no confirmed amendment extending § 30-37A-1 to synthetic images that only appear to depict a real person.

    Victims of AI-generated intimate images should still preserve evidence and report to police, and can rely on the federal TAKE IT DOWN Act, which requires covered platforms to remove qualifying nonconsensual images, including digital forgeries, within 48 hours of a valid report.

    What to Do Right Now If Your Images Were Shared in New Mexico

    1. 1

      Preserve the Evidence Before Reporting It

      Save screenshots showing the post, the account name, the full URL, and the date and time. Keep original messages and files, and store copies somewhere the other person cannot reach. Do not rely on a post staying online.

    2. 2

      Use the Platform's Intimate-Image Report

      Choose the nonconsensual intimate imagery or sexual-content reporting route rather than a general complaint. Keep confirmation emails and case numbers. Covered platforms also have federal notice-and-removal duties for valid reports.

    3. 3

      Use StopNCII.org to Limit Re-Uploads

      For adult images, StopNCII creates a digital fingerprint on your own device and shares the hash, not the image, with participating platforms. If the image was taken while you were under 18, use NCMEC's Take It Down service instead.

    4. 4

      Report It in New Mexico

      Contact your local police department or sheriff's office and refer to N.M. Stat. Ann. § 30-37A-1. Flag any threats, stalking, extortion, hacking or images of a minor, because separate and more serious offenses may apply.

    5. 5

      Get Advice About the Civil Claim

      Ask a New Mexico attorney about a civil claim for public disclosure of private facts and about breach of any written agreement as evidence there was no consent to share. New Mexico's general personal-injury limitation period is three years.

    Be Safer With a Written NDA as Evidence

    Most of New Mexico's law is about what happens after the damage is done. The one thing you can do beforehand is put the boundary in writing. A Discreetly agreement is signed by both people, timestamped, and identity-verifiable, and it states plainly that neither person has consent to share, publish or show the material to anyone else.

    Where the law turns on the absence of consent to share, a signed agreement may provide useful documentary evidence that there was no consent to share. It cannot prevent a breach or guarantee a legal outcome, but it can make the agreed boundary clearer than relying only on informal messages. Creating one is free.

    Create a free agreement

    New Mexico: Frequently Asked Questions

    Is revenge porn a felony in New Mexico?
    Yes. A first offense is generally a fourth degree felony, and a repeat offense can be charged as a third degree felony carrying up to three years in prison.
    Does New Mexico law cover AI deepfake nudes?
    It is unclear. The statute does not expressly address AI-generated images, but the federal TAKE IT DOWN Act still requires platforms to remove qualifying forgeries.
    Can I sue someone in New Mexico for sharing intimate images?
    There is no dedicated civil statute, but common-law privacy tort claims for damages are generally available.
    Do I have to prove they wanted to hurt me?
    You generally need to show intent to harass, intimidate, or coerce, or that a reasonable person would be harmed, which is broader than proving personal malice.
    What if the image was recorded without me knowing?
    That can support additional charges such as unlawful surveillance, alongside any charge for later distributing the image.

    Sources

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    This page provides general information about New Mexico law and is not legal advice. Laws change and outcomes depend on the facts. For advice on your situation, speak to a qualified attorney licensed in New Mexico. Last reviewed August 2026.