I don't think he'll get caught, I mean, if he knows what he's doing he wont... And I think the amount of people who are caught through p2p/bittorrent is way less than those who are not caught.
And as for programs being full-proof, hack/crack free, that'll never happen... At least, I doubt it, I mean... There's already cracks (and viruses) that have been written for Vista Beta (hope I don't get flamed for this, I'm just telling you what I've heard/seen. Doesn't mean I've used them.)