I am asking for an offense which might at present incur a penalty and where the penalty could be different if the principle of "actual harm caused" would be taken into consideration.I think the present legal system varies from jurisdiction to jurisdiction, doesn't it?
Suppose somebody draws a picture of Cupid. What harm has been done? If any, who has been harmed? Jail or no jail?
(The "Cupid" example clearly incurs no likelihood of punishment)
Yes legal systems do vary from jurisdiction too jurisdiction (and I am very unfamiliar with how that would apply in these cases)