Speaking of law, and in the modern times this is in the theory of law, not practice, but intent is supposed to count. Now, that being said, the people at the level of the court systems are woefully ignorant of technology and IT more specifically. Intent seems to hold up only those rich enough to push very hard for it and prosecuting attorneys seem to get erections at the thought of putting someone in jail for even the perception of a cyber crime, these days, so.... 50/50 maybe =P