Here is a little more detail but I haven't been able to find a resolution to this case - Man charged with wireless trespassing.
In a response to the article, one person wrote, "attaching to [another person's] network is less like trespassing on their property than it is like eating the apples that fell off their tree into your yard." I tend to feel this way too. Anyone who wants to use my unencrypted Wi-Fi network is welcome to it. In fact, I think we need universal, unencrypted Wi-Fi. The ability to access the internet from anywhere with any wireless device would be a huge boon for society. I expect to see it in my lifetime.