I think it depends on the severity of what they do. If they are just flooding it with people and overloading the server and it simply goes down for a short time I would say no. But if they are going after being more malicious with their intent then I would find it more reasonable.
Like @Nyvorlas mentioned above, it really depends on what the person did. A DDOS attack is annoying, but if the person hacked into a website say like Bank of America, then they should face jail time since they can easily access sensitive content from the clients using the website.
If you are discussing or promoting a terrorist activity, you can be sure that the Men In Black will soon be knocking at your door. Or kicking it in, rushing to confiscate your computer before you can erase anything, and seizing every item of property you have.