Let’s extend that failure to determine “real harm” argument a bit further.
Let’s say I drive through a school zone at 60 MPH just after students have gotten out and are on the sidewalk and crossing the street. Nobody got hurt.
Or maybe I managed to pass myself off as a surgeon, even though I have no medical training, and operated on several individuals. They’re OK, at least for now.
Or just decided one day I wanted to be a Home Inspector and started inspecting homes with no licensing or formal training. Nobody has complained, yet.
Following your logic (no one was harmed, so what’s the big deal), the judge would say, “Hey, cut that out” and let them go, right?
I detest the nanny state too, but laws are there to protect people and laws don’t have a deterrent effect if they are not backed up by consistent, significant punishment and the reasonable expectation thereof.
This should be self-evident to any critical thinker.