Posting social media content that shows motor vehicle theft and break and enters is now a serious crime that attracts up to two years jail on top of whatever sentence you receive for the head crimes.

So called performance crime is a new offence created by an amendment to the Crimes Act 1900

Many in the legal community are concerned that through this law kids are being made scapegoats for the government’s inability to control the social media giants.

The amendment to the Crimes Act effectively permits a sentence of up to two years jail to be bolted on to the any sentence for motor vehicle theft and (or) the break and enter.

Little evidence has been produced, or relied, in the drafting of the new law that shows a causal link between posting a crime and the commission of future crime.

“Anybody who posts social media content of themselves in the commission of a serious crime is obviously no master criminal – this new law is all about punishing children for posting,” criminal solicitor, Mathew Nott, said.

“The authorities are clearly worried about the potential these posts have to incite ‘copycat’ crimes but there is no evidence that occurs.”

“The real issue here is that social media platforms such as Facebook, Instagram and Snapchat don’t block child porn posts, footage of terrorists beheading people, or live streaming of massacres – let alone car theft and joyriding.

“The government can’t control these platforms, so kids who post are in line for disproportionate jail sentences so authorities can tell the community that they are tough on crime.”

The new law would appear to be directed at children (under 18s) and was passed in response to public outrage over the spike in crime in regional areas during 2022-23, much of it attributed to youths under 18 years of age.

“We have heard troubling reports, particularly from our communities in regional New South Wales, of offenders posting footage of their offending behaviour on social media, particularly in relation to motor vehicle offending,” Attorney General Michael Daley, said during the second reading of the bill in NSW Parliament.

“There have also been high-profile examples of this behaviour in the context of serious break and enter offences, sometimes committed in people’s homes while they are asleep.

“Disseminating recordings of offending behaviour online may encourage others to engage in similar dangerous criminal behaviour.

“It might send the message to impressionable young people, or other people in our community, that criminal acts are socially acceptable. It may also provide people with information or ideas about how to commit criminal offences.”

The new law is subject to review after two years.

See: https://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/ca190082/s154k.html

If you are in legal trouble, contact Sydney’s Nott and Co Lawyers for assistance.