Still a crime, but punishment optional… Craziness. All misdemeanors are crimes, but not all crimes are misdemeanors, and not all jurisdictions are created equal.
Logically, is it a crime if the statute is not enforced? My computer brain says it's not. Without enforcement, there are no consequences, and without consequences there is effectively no criminal act.
it might be unethical to commit the act depending on the law as written, but many laws are symbolic, and many of those were never intended to be enforced.
Example: you take a quarter you find on the floor next to the check-out in a store and put it in your pocket. Technically, that is not your quarter, and you should hand it to the cashier. Was that a 25 cent crime? Any possibility you'll be arrested? Convicted? Penalized? Just because the law is on the books doesn't mean everyone who doesn't comply is actually breaking the law within the context of what happened. That's why courts are so busy. Instead of trying to do what's right, people are conditioned to only do what's lawful. Since the laws are poorly written in most cases and hard to interpret, knowing what's lawful is often left to a judge or jury to decide.
Still others are enforced based on discretion, like 2 miles over the speed limit versus 20 over. Both are crimes, but not worth taking up the courts time to have you fight something that is within the margin of error for speed detection equipment.
Innocent until proven guilty = no crime unless convicted.
