From a work-lifetime involved with the law and the courts, I offer you two truisms:

1. Laws are very often not clear in their provisions, their coverage, despite what may have been the unspoken intentions of the legislators.

and

2. There are many, many, many situations which do constitute crimes that are never charged, even when the facts are clear: Prosecutors have better things to do; their workload is too heavy as it is; prosecutors are afraid of political backlash if they misjudge the climate of opinion in their bailiwick; prosecutors are often as nonplussed about the applicability of statutes as the rest of us, and so do nothing.

Dave Oesterreich