When the ‘Likes’ Aren’t Worth It: Understanding NSW’s New ‘Performance Crime’ Laws
In the age of TikTok, Instagram, and Snapchat, the phrase “do it for the clout” has become a common mantra. But in New South Wales, filming your exploits and hitting ‘upload’ could now land you behind bars for a lot longer than you might think.
In late 2024, the NSW Government introduced a new criminal offence specifically targeting what has been dubbed “Performance Crime.” This law, found under Section 154K of the Crimes Act 1900 (NSW), marks a major shift in how the justice system treats social media and criminal behaviour.
What is ‘Performance Crime’?
“Performance Crime” refers to a situation where a person commits a crime and then records it (or has someone else record it) to share on social media. Whether it is a “ram raid” on a local shop, a high-speed car theft, or even a targeted assault, the act of “disseminating” the footage is now a crime.
Under the new Section 154K, a person can be charged with this additional offence if they:
- Commit a “relevant offence” (such as motor vehicle theft or break and enter); and
- Disseminate material (video, audio, or photos) to advertise their involvement in or to “boast” about the crime.
This isn’t just about the person holding the camera. If you are part of the group and you share that video to your “Story” to show off, you could be facing an additional two years on top of the penalty for the original crime.
Does the desire for a few hundred ‘likes’ justify the risk of an extra two years behind bars?
Why was this law introduced?
The push for this legislation came largely from regional NSW, where communities in towns like Moree and Tamworth reported a rise in “clout-driven” theft. Media reports highlighted a trend where teenagers would steal high-performance vehicles, engage in dangerous police pursuits, and live-stream the entire event to gain social media followers.
The NSW Government argues that by sharing these videos, offenders are not only glorifying criminal activity but also causing further distress to the victims. When a family sees a video of their stolen car being thrashed online, the trauma of the theft is amplified.
The Legal Mechanics: Section 154K Explained
To understand how serious this is, we need to look at the primary legislation. You can view the full text of Section 154K of the Crimes Act 1900 (NSW),
Section 154K specifically targets:
- Motor vehicle theft: Stealing cars or motorcycles.
- Breaking and entering: Entering a home or business with the intent to commit a crime.
- Serious Property Damage: High-value vandalism or destruction.
The “dissemination” part of the law is broad. It doesn’t matter if you post it on a public TikTok account or send it to a private WhatsApp group; if the intent is to “boast” or “advertise” the crime, the law applies.
The ‘Evidence Trap’: Police and AI
One of the most interesting aspects of this new law is how it changes police investigations. In the past, police had to rely on witnesses, fingerprints, or CCTV. Now, many offenders are handing the evidence directly to the police on a silver platter.
The NSW Police Force now employs dedicated units that monitor social media trends. Using advanced metadata analysis, they can often determine the exact time and location a video was uploaded, even if the user thinks they are anonymous.
If you or someone you know is being investigated, it is vital to understand your rights regarding digital privacy. Our team at National Criminal Lawyers® has extensive experience in Police Powers and Searches, and we often see cases where digital evidence is obtained unlawfully.
Youth Justice and the 2025 Bail Extension
The “Performance Crime” laws are part of a broader “tough on crime” package that includes changes to the Bail Act 2013.
In 2025, the government made it significantly harder for teenagers charged with these “clout” crimes to get bail. Under the new “High Degree of Confidence” test, a Magistrate must be almost certain that the young person will not reoffend before they can be released.
This has led to a spike in the number of young people held in remand. Is it right to keep a For more information on how bail works for young offenders, you can read our guide on Youth Law and Juvenile Justice.
Accurate Representation: Sourcing the Facts
When discussing the law, it is important to look at the hard data. According to the NSW Bureau of Crime Statistics and Research (BOCSAR), property crime had actually been declining in many areas before the recent “social media surge.”
This suggests that while the visibility of crime has increased because of social media, the actual frequency may not have increased at the same rate. This is a crucial point for any legal defence. If the law is being changed based on “viral videos” rather than statistical reality, is it truly just?
Furthermore, the NSW Judicial Commission’s Sentencing Bench Book provides the guidelines that judges must follow when deciding on a sentence. The “Performance Crime” uplift is now a standard consideration that can push a community-based order into a full-time prison sentence.
Defending a Performance Crime Charge
If you find yourself facing a charge under Section 154K, the stakes are high. Not only are you defending the original allegation (like Larceny or Theft), but you are also fighting a second, separate criminal charge.
Common defences often involve:
- Lack of Intent: Proving the video was not shared to “boast” or “advertise,” but perhaps for another reason (such as documenting an event without criminal intent).
- Identity Issues: Challenging whether the person in the video is actually the defendant.
- Duress: Arguing that the person was forced to film or share the material by others.
Conclusion: Is the ‘Like’ Worth the Life?
The introduction of Section 154K is a clear message from the NSW Government: the digital world is no longer a “free zone” for criminal activity. What starts as a way to gain followers can very quickly end in a permanent criminal record and years behind bars.
As we move further into 2026, we expect to see more prosecutions and more debate surrounding these laws. The balance between public safety and the right to a fair, proportionate sentence is a delicate one.
What do you think? Should the act of filming a crime be treated as a separate offence, or should it only be used as evidence for the original crime?
If you or a loved one are facing charges related to social media or property crime, do not wait. Contact National Criminal Lawyers® today on 1800-CRIM-LAW for expert advice tailored to the latest 2026 legal standards.
