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HB 39

CRIME OF TICKET SCALPING

2026 Regular Session Introduced by Kathleen Cates

New Mexico bill criminalizes ticket scalping by prohibiting resale of tickets above set price markups, aiming to protect consumers from inflated secondary market prices.

action postponed indefinitely
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Bill Summary · HB 39

Legislative bill overview

HB 39 proposes to establish ticket scalping as a crime in New Mexico, making it illegal to resell tickets above a certain price threshold or under prohibited conditions. The bill would create penalties for individuals who purchase tickets with intent to resell them at inflated prices, particularly for entertainment, sports, and other high-demand events.

Why is this important

Ticket scalping affects consumers' ability to access entertainment and sporting events at reasonable prices, particularly impacting lower-income individuals and fans. This legislation reflects growing public frustration with secondary ticket markets where resellers profit significantly from artificially inflated prices. However, it also touches on broader questions about property rights, market regulation, and enforcement feasibility.

Potential points of contention

  • Property rights vs. consumer protection: Critics argue that once someone purchases a ticket, they own it and should be able to resell it at any price, while supporters contend that scalping exploits consumers and venues lose revenue.
  • Definitional challenges: The bill must clearly define what constitutes illegal scalping versus legitimate resale, including determining appropriate price markup thresholds, which varies by event type and demand.
  • Enforcement difficulties: Distinguishing between individual resellers, organized scalping operations, and legitimate ticket resellers (like StubHub, Ticketmaster's resale platform) presents practical enforcement challenges for law enforcement.

Compiled from official sources — confirm details with the bill’s official record.

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