As others have said, this provides a counter-incentive, but more importantly: why can't we fix both? We wouldn't make stealing legal because some people do it o

As others have said, this provides a counter-incentive, but more importantly: why can't we fix both? We wouldn't make stealing legal because some people do it out of desperation - we can keep stealing illegal and at the same time take measures to ensure people don't need to steal to survive. Same with this.