I'd argue that "having a different code" does not at all entail any illegal action. People often have very different opinions (for example tax laws), yet they comply with the given law.

But then again, taken out of context (the "no harm" part), an eager prosecutor could use it (successfully or not) so I suppose you are right.

Just as a side note: This is not how it should be, and ironically and most unfortunately, your statement reinforces my original point :(