Attempting to steal an object a person doesn't have should still make a stealing roll with the usual chance for failure, as the only way to figure out a person didn't have something would be to go fishing in their pockets.
If you're playing a combat character you face consequences if you just try to murder everyone you meet. If you're playing a decker, you'll face consequences if you try to hack nodes willy nilly. This is how you learn the game.
From knowing this other character I can assure you there's far more money to be made from stealing than just that.
Regardless of nerf or buff, I agree with Vera here, just for the sake of realism.