Section 219 — Crimes Act 1961: Theft or stealing

219 Theft or stealing (1) Theft or stealing is the act of,— (a) dishonestly and without claim of right, taking any property with intent to deprive any owner permanently of that property or of any interest in that property; or (b) dishonestly and without claim of right, using or dealing with any property with intent to deprive any owner permanently of that property or of any interest in that property after obtaining possession of, or control over, the property in whatever manner. (2) An intent to deprive any owner permanently of property includes an intent to deal with property in such a manner that— (a) the property cannot be returned to any owner in the same condition; or (b) any owner is likely to be permanently deprived of the property or of any interest in the property. (3) In this section, taking does not include obtaining ownership or possession of, or control over, any property with the consent of the person from whom it is obtained, whether or not consent is obtained by deception. (4) For tangible property, theft is committed by a taking when the offender moves the property or causes it to be moved. Compare: 1961 No 43 s 220(1) , (2) , (5) Subsection (5) was amended, as from 17 November 1964, by section 9(2) Rock Oyster Farming Act 1964, by inserting the words “ oyster farms ” . Subsection (5) was amended, as from 1 January 1972, by section 52(7) Marine Farming Act 1971 (1971 No 29) by substituting the words “ marine farms ” for the words “ oyster farms ” . Part 10 (comprising sections 217 to 305) was substituted by a new Part 10 (comprising sections 217 to 272), as from 1 October 2003, by section 15 Crimes Amendment Act 2003 (2003 No 39).