Upto a court to decide. Turns out he's in California which has laws against writing and distributing malicious code.
He's looking at state level:
if charged as a misdemeanor, the crime is punishable by:
imprisonment in county jail for up to one year, and/or
a maximum fine of $5,000.6
If charged as a felony, the offense is punishable by:
imprisonment for up to three years, and/or
a maximum fine of $10,000.7
Federal charges I'm not sure about.