Anything can be correct in theory but I doubt you have experience or proof of any of the above.
I don't mean to pick on you because you are a lawyer but bringing up possible scenarios as an argument is what lawyers do for a living. They throw out what-if's and hypotheticals with nothing to back it up. They quote a written law as though it will convict or vindicate a person when their assertion is all in theory...knowing the person they are quoting it to doesn't know anything about the conviction, application or acquittal rate either.
The basic requirement to do this is that the person you are scaring has to be naive. Kinda like trying to tell someone not to go 5mph over the speed limit. Though it is illegal to do, nobody, like a lawyer, would take out the law books and try to warn someone of the risks of going 5mph over the limit because the average person knows that law is not applied that way. It's much easier to sell an argument to a naive client or jury.

