A man in England was arrested and fined for using someone else's wireless connection. However, this bit makes it sound like it might have been a secured network:
Police sources said Straszkiewicz was caught standing outside a building in a residential area holding a wireless-enabled laptop. The Crown Prosecution Service confirmed that Straszkiewicz was 'piggybacking' the wireless network that householders were using. He was reported to have attempted this several times before police arrested him.
Since you don't really have to "attempt" to access a public/unsecured node. You just, you know, click.
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