Well it is illegal no doubt about it, but the problem about finding these guy's is the real issue here. When a person uploads a virus to a computer they typically do it in a safe fashion where no one knows where they are.

That's apparently why hackers exist to this day. Very few hackers are caught because few ever leave a trail. Over one million American computers a day are infected with force downloads, trojans, viruses and other illegal software used to erase, freeze or otherwise delete important files. Now this is in America alone. Because its illegal I think we would have much more hackers in prison than there are criminals, like molesters, rapists, murderers and psychopaths.

So like I said before, finding these guys is the real problem, because if they could be found, the prisons would be full of these nerds and geeks rather than these hardcore gang criminals and murderers