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Section 322 CCC – Theft

Theft – 322. (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent

(a)     to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it;
(b)     to pledge it or deposit it as security;
(c)      to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or
(d)     to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.

Time when theft completed

(2) A person commits theft when, with intent to steal anything, he moves it or causes it to move or to be moved, or begins to cause it to become movable.


(3) A taking or conversion of anything may be fraudulent notwithstanding that it is effected without secrecy or attempt at concealment.

Purpose of taking

(4) For the purposes of this Act, the question whether anything that is converted is taken for the purpose of conversion, or whether it is, at the time it is converted, in the lawful possession of the person who converts it is not material.

Charging Sections

There are numerous theft sections that are specific in nature. The primary theft sections of interest to patrol officers are:

Theft of Electricity, Gas or Telecommunication – Section 326
Theft of Motor Vehicle – Section 333.1
Theft over/under $5000 – Section 334

Related Links:
Elements of Theft