There is a question on the Superuser forum wherein a bad actor is trying to trick someone into connecting to an access point, presumably so they can sniff information. They are doing this by setting up an access point with a very similar name to their victim.
Were the victim to turn the tables and deliberately make use of the provided connection, using a VPN to neutralise the threat, would they have "plausible deniability" being that the name of the access points were very similar (but bearing in mind they are using a VPN)?
Also, assuming this matter ever went to a court (which I assume is unlikely), could the user use a defense that the other party did not have clean hands? Would it matter if it was dealt with as a Criminal and Civil matter ?
I'm interested in the general concepts underpinning these concepts more then explicit statutes, so pick a jurisdiction if it can help the mental processes!