Hypothetical Scenario: 
I take some nails out of my friend's tool box without asking figuring it wouldn't be a problem. If he later notices them missing, do I deserve to go to prison for theft (because, technically, that is what I did)? 
  
Conclusion: 
Is it really necessary to punish for EVERY law broken? 
  
  
(While I recognize that my post doesn't reflect the issue, it does rebut your position...)