[chockchocschoir]

One could make the same argument of any computer system where the security wasn't as tight as one could hope.

"But judge, they never patched their $software to the latest version, so technically the software allowed me to dump the contents of the IMAP server"

Intents matter. If you commit a crime ("Stealing" is a crime), it doesn't matter if you did so via software, contracts, smart contracts, blockchain or else. A crime is a crime is a crime.