I don't think they will ever be able to make a case against simply accessing a wireless network if it extends outside the physical boundaries of the facility in which it's housed, or if the intruder must take unreasonable measures to get access to the network (such as climbing over a fence, entering a restricted area, etc.)

I once had the experience of being automatically assigned an IP address by a local wireless network while I was sitting on a bench about to play Duke Nukem outside a corporate building. I had left my card set on DHCP, and was quite surprised when a network notification of 'connected' showed up on my screen. In such a situation, I'd have been quite upset if the company responsible had the option to press charges against me for simply leaving my card activated while I sat outside the building.

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