Uh, Ddos is a federal crime in the US.
The maximum sentence for doing it is 10 years in prison.
It doesn't matter how big it is, you will go to jail.
It's not a crime that the government prosecutes you for, it's a crime that you can be sued for. Like, when you kill someone the government prosecutes you for that murder, not the family of the murder victim. But when you steal something, the person you stole from prosecutes you for that larceny. DDoS is like the latter, where the victim has to front the cost for lawyers, court fees, etc. Most small-time web and game developers (which, let's face it, Badspot falls into) don't have the cash or spare time laying around to actually sue someone. Not to mention in a lot of cases DDoS attacks cross country lines (for example with Okiver) in which case Badspot (or anybody else) has no legal ground to stand on.