if it went to court, i am guessing presuambly under a plea deal the hacker would be required give back all or most of the crpyto to rectify the 'mistake;' if not, it would prove intent to steal . For example, there is the 2005 Sammy MySpace XSS incident. Technically, his code was interpreted by Myspace as valid CSS/html, but was still guilty due to intent.