Filming a Stolen Car Joyride in NSW? s 154K “Post and Boast” Charges and Penalties

For years, criminal lawyers have given clients the same advice: say nothing to police. In 2026, that advice has evolved. Now we also need to say, loudly: stop putting your offending online.

We’re well and truly in the era of “performance crime” — where the online notoriety can seem as important to some offenders as the offence itself. It’s reckless, ugly, and it regularly turns a manageable case into a far more serious one.

In New South Wales, the response came in 2024 with the so-called “post and boast” laws: section 154K of the Crimes Act 1900 (NSW).

Section 154K makes it an offence where a person commits a relevant underlying offence — either a motor theft offence or a break and enter offence; and disseminates material to advertise either their involvement in that offence, or the act/omission that makes up the offence.

A few points people miss:

“Disseminate” is broad: it includes sending, transmitting or communicating material, including via social media.

“Advertise” doesn’t have to be public to the whole world — it includes attracting attention of a limited section of the public, like a private story or closed group.

The maximum penalty for a performance crime offence is the maximum penalty for the underlying offence, plus 2 years.

Also crucial: if someone is convicted under s 154K, they can’t also be convicted of the underlying motor theft/break-and-enter offence for the same act/omission. In practice, police may lay alternative counts, but the court cannot record convictions for both for the same conduct.

Why posting still ruins your case (even aside from s 154K)

Even where s 154K isn’t ultimately proved, posting can still:

• hand over identification evidence on a platter,

  
  

• lock in a version of events as an admission, and

  
  

• become a major aggravating feature on sentence (brazen, planned, no remorse).

Scenario: one offender, one phone, one very bad idea

“Jay” (20).

On a Saturday night, Jay steals a late-model Toyota in Parramatta by forcing entry and hot-wiring it. He drives onto the M4 and starts filming himself.

The video shows:

• Jay’s face in selfie mode,

  
  

• the damaged ignition barrel,

  
  

• the speedo climbing past 150 km/h,

  
  

• and Jay saying, “Too easy — another free ride.”

Jay uploads it to Instagram Stories with the caption:

“Weekend special 💨 #easy”

A follower screen-records the story and sends it to police. Investigators match:

• the car’s interior features,

  
  

• location cues from the footage,

  
  

• and Jay’s identity from the selfie video.

  
  

• Jay is later stopped driving the vehicle.

Jay is charged with the underlying motor theft offence.

But because he also disseminated the footage to advertise his involvement, police can pursue a performance crime offence under s 154K as well. The upload isn’t “just evidence” anymore — it’s part of what elevates the legal exposure, because s 154K adds up to two years on top of the underlying maximum penalty.

And even beyond the charge selection, the post itself is the kind of conduct that courts routinely view as brazen and attention-seeking — which can come back to bite hard at sentence.

If you’re facing charges where social media evidence is in play, you need representation that understands digital evidence and how these “performance crime” provisions are being charged. If you’re under investigation or charged, contact Surge Legal immediately for assistance.