How many crimes does one have to commit before they "are a criminal"? If someone broke a law, but the law was later amended so the act is now legal, are they still a criminal? (E.g. cannabis)
Yes. A town raising a speed limit on a road doesn't mean everyone who ever got a ticket previous to the change wasn't speeding. That's why it takes special laws and acts by executive authorities to take retroactive action, if the deem doing so a good idea.
So it's good to steal from anyone who has ever exceeded the speed limit, filthy criminals that they are?
If they were also using software to steal from someone then I would guess that their inertial moment would serve as neither a defense nor detriment to their case.
This is a cute rhetorical trick, but if you can’t see that some people are criminals and some are not, then you are blind.