That's not actually a problem, it's just good ol' pessimism of the devil-you-know / why bother locking the door when the next thief has a brick variety.
The OP here isn't describing a hypothetical - folks are prosecuted for doing these sorts of things, just like folks occasionally get prosecuted for breaking & entering. If that goes away, we're left with the impossible task of creating unbreakable windows or - far more likely - we don't get to have nice things.