I think they should be charged. If more the lowest common denominators of society were held accountable for their actions, we who follow the laws won't be stripped of our rights to enjoy the same things responsibly.
In other words if they don't get charged as well as others who do the same things, then the governments knee-jerk reaction is to ban those very things being used. Effectively stripping those of us who enjoy the same "TOOL", if you will, with respect. When in actuality the root of the problem (idiots) should simply be held accountable for their actions and face the consequences of said action. Not protect them with the banning of inanimate objects.
Team Bad Karma(BK-09)
CAUTION: Evil Genius at Work
Those that wear the "Tin Foil Hat" stand on guard for thee. All others stand on guard for themselves.