Organized Crime In The New Millennium

so no crime has been committed at this point. But if she realizes the mistake when she
gets home and could return the scarf to Y, she will steal the scarf if she dishonestly
keeps it (see theft by finding). Note that there may be civil liability for the torts of
trespass to chattels or conversion in either eventuality.
Canada
By Jurisdiction
Section 322(1) of the Criminal Code provides the general definition for theft in Canada:
322. (1) Every one commits theft who fraudulently and without color of right takes, or
fraudulently and without color of right converts to his/her 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.
Sections 323 to 333 provide for more specific instances and exclusions:
theft from oyster beds (s. 323)
theft by bailee of things under seizure (s. 324)
exception when agent is pledging goods (s. 325)
theft of telecommunications service (s. 326)
possession of device to obtain telecommunication facility or service (s. 327)
theft by or from person having special property or interest (s. 328)
theft by person required to account (s. 330)
theft by person holding power of attorney (s. 331)
misappropriation of money held under direction (s. 332)
exception for ore taken for exploration or scientific research (s. 333)
In the general definition above, the Supreme Court of Canada has construed "anything"
very broadly, stating that it is not restricted to tangibles, but includes intangibles. To be
the subject of theft it must, however:
be property of some sort;
be property capable of being
taken (therefore intangibles are excluded); or
converted (and may be an intangible);
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