Wow. I hardly know where to begin.
Some quickies: Diogenes asks for a cite about what the priest said. The phrase “Take this, all of you, and eat it,” is part of the Liturgy of the Eucharist. If the priest didn’t say those words, then we Catholics believe the Host is not consecrated, and the man in question would just have been making off with a wafer of bread, nothing more. So yes, the priest said it.
Was it theft? Happy Scrappy seems to believe this was a conditional gift, or theft by deception.
This is an intriguing question. A gift is simply a gratuitous conveyance of title to property. It’s undisputed that there’s no charge or payment associated with distribution of the Eucharist. A conditional gift is one in which the donor requires that some future event or condition is true before title passes. A condition may be precedent (happens before the delivery) or subsequent (happens after the delivery and acceptance). Title vests when the condition has been performed.
It’s at least arguable, then, that the distribution of communion wafers is a conditional gift, with a condition subsequent that the recipient eat the wafter, at which point title passes to the recipient.
I don’t think the issue is theft, though, because the wafer is given freely into the donee’s hands. And I’m not sure about the applicability of theft by deception, because as a general matter the deception element cannot include falsity about matters that have no monetary value.
I thought about embezzlement, but it generally requires a fiduciary duty between the recipient and the owner.
So my from-the-hip response is that there’s no crime here. Because the recipient didn’t perform the condition subsequent, he may be civilly liable to replace the value of the gift or return the gift.
I welcome further analysis on this point.