Say that my ToS / EULA says "By using my product, you agree to hop on one foot while doing so." If some terrible person uses my product without hopping on one foot, then the worst thing that can happen to them in the legal system should be civil actions, namely, I can sue them for breach of contract.
If they can be criminally prosecuted for "hacking" my software/website, that seems to go against the entire concept of having a divide between civil and criminal cases. Only the government should have the power to declare that the specific behavior of failing to hop on one foot is criminal.
Letting any private party set arbitrary rules for any other private party that are enforced by criminal penalties is just nuts.