Shoplifting occurs when someone steals items from a merchant. This crime falls under Section 322 of the Criminal Code, which outlines the crime of Theft. Theft is categorized in two ways, depending on the value of the items stolen: Theft Under $5,000 or Theft Over $5,000. This is a hybrid offence, which means that the Crown can elect to proceed by way of indictment or summarily. If prosecuted by way of indictment, Theft Under $5,000 is punishable by a maximum of 2 years incarceration and Theft Over $5,000 is punishable by a maximum of 10 years incarceration. A summary conviction results in lesser punishment.