Peeping Tom laws—also known as voyeurism laws or invasion of privacy laws—generally make it illegal and a criminal offense to peek into windows or doors on private property to view a person who is fully or partially naked for the purpose of sexual desire or gratification.
Peeping Tom laws vary from state to state and some states require that the victim not realize he or she was being viewed and that the victim had a reasonable expectation of privacy (was in a place where it was reasonable to expect privacy). And some states specifically address the use of unmanned aircraft (drones), cameras, video cameras, and binoculars in connection with such peeping. Some state statutes specifically prohibit peeking into bathrooms, dressing rooms, showers, and baths. And some states characterize this criminal offense as trespassing with the intent to peer or peep.
Peeping Tom laws are located in a state’s statutes—often in the penal or criminal code.
In New Mexico, Peeping Tom laws are addressed under the state's statutes concerning invasion of privacy. New Mexico law makes it illegal to spy on, observe, or record a person without their knowledge in places where they have a reasonable expectation of privacy, such as homes, bathrooms, dressing rooms, or similar private spaces. This is considered a form of voyeurism. The law specifically prohibits the use of any device, including cameras, binoculars, or drones, to invade someone's privacy for sexual gratification. The act of voyeurism in New Mexico is typically treated as a misdemeanor offense, but can be elevated to a felony if it involves multiple offenses or other aggravating factors. Additionally, if the act of peeping involves trespassing onto private property with the intent to peer or peep, it could also be charged under trespassing laws. It's important for individuals to respect privacy and adhere to these regulations to avoid legal consequences.