IANAL, but...

If the tablet is in possession of the criminal when the unauthorized network access takes place (which, it can be shown, only took place because the criminal was in possession of the tablet as a direct result of a prior, connected criminal act), then it is the criminal (not the actual, true owner of the tablet) that would be liable for any criminal or civil penalties arising out of the unauthorized use (be it automatic or otherwise) of the (open or otherwise) wireless network with the tablet.

...in other words, even if the 'recovery script/program' does initiate what might, in some states, be considered an illegal network access attempt, the law will have been broken by the person in possession (albeit, criminally so) of the tablet at the time.

short answer: great! that's one more charge to levy against the miscreant when he is apprehended. bring it on!