Yes I think you are right.

But also, my thinking is that recently the US seems to want to trample down many "criminals" for basically downloading things that someone regrets them downloading. I worry about a future where DA's are overzealous about going after people without any mens rea and/or well after the victims of a crime have expressed no interest in continuing the case. Since, in the US, jails are intended to punish instead of rehabilitate and having a felony conviction takes away many of your rights I think they need to be far more careful who they level charges against.