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Under common law jurisdictions (and as I understand it in the US too), "intent" of the accused is an important element of the crime. The definition is broad enough to cover crypto theft, but it might require the court to interpret whether the alleged actions were done with "dishonest intent" etc.. which can be a rather subjective thing.

Higher courts, due to their inherent ability to set precedents, usually also consider broader policy concerns eg. whether the decision makes sense from enforcement perspective, how the ecosystem might be affected etc..



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