This is the outcome of a legislative branch which can no longer legislate effectively. The courts have to "interpret" the laws into a sensible form of common law which minimizes the difference between the legislation, and practical governance concerns.

Interpreting the law in such a way as to make private policy makers the arbiters of felony charges is not compatible with our society. This would be the equivalent of a restaurant letting you in, asking you to take a seat, and then charging you with a felony for choosing the wrong seat as listed on a tiny sign in the back of the restaurant.