Not necessarily. I am concerned you are trying to find some loophole fact pattern that will except you from any criminal exposure. If you are indicted in the MDNC, I promise that your attorney will seek out every possible exception that may apply to you. You are in my backyard - please work with your attorney who also knows this territory very well.
I agree with Mr Wallace. You are trying to play the lawyer role and find a way out of a charge. That's what a well trained and experienced criminal defense attorney provides you. Just like it would be hard to practice medciine over the internet in one answer, it is likewise hard to answer each loophole you propose. Let your attorney do what good attorneys do.
This is a question of proof and consequences. Your inference is posited with a defense orientation. A prosecutor would argue to the contrary. Also, what in reality was happening many times has little to do with what law enforcement interprets. Asking a hypothetical question is interesting the consequences in a real case may be life changing.
Of course, every answer or response is based on the information provided in the question asked and requires a much more complete context than is available in this public forum. This answer/response should NOT be relied upon to make any legal decisions. Seek the advice of an experienced Federal and/or state criminal defense attorney in your jurisdiction BEFORE you say or do anything.