[EliAndrewC]

Not so, because as others in this thread have stated, the key is intent.

[nitrogen]

Judging intent doesn't really work at scale. That's why we invented access controls.

[res0nat0r]

Access controls are in place, but they aren't absolute. Hence why intent is key in this case, and why he was found guilty.

[tankenmate]

And we peer into the mind of a third party how?

[BryantD]

There's a fairly large body of law that hinges on the intent of the individual.

http://en.wikipedia.org/wiki/Intention_(criminal_law)