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Under section 322(1) of the Criminal Code, theft is a property crime that involves taking something that belongs to someone else, such as physical property, money, or services, with the intent to permanently deprive the owner of it. Theft also includes situations where a person takes property temporarily but does so in a way that the owner may be unable to recover it or in a manner that damages the property.
There are two categories of theft: theft under $5,000 and theft over $5,000.
Theft over $5,000 applies when the value of the property or services stolen exceeds $5,000. Theft over $5,000 is considered a more serious offence and is typically associated with more severe penalties, including a maximum of 10 years imprisonment.
Theft under $5,000 applies when the value of the property or services stolen is $5,000 or less. Penalties for theft under $5,000 can include fines, probation, community service, or imprisonment for a term not exceeding two years less a day.
Examples of theft range from shoplifting to motor vehicle theft. Factors affecting penalties for theft include the nature and value of the stolen property, the individual’s prior criminal history, and the presence of aggravating factors.