Release? Released? Why should such a dangerous hax0r ever be released? He should be locked away forever in Gitmo or some SuperMax
Seriously, "unauthorized access" looks most like the cyber-equivalent of the ancient infraction of trespass. The same common-law defenses should apply (here the concept of "attractive nuisance").
Pandering to the fear of the ignorant with draconian punishments is the very opposite of liberty. And progress will suffer for the witchhunts (already has).