[grabeh]

You are right - the risk is of course that with a bad law on the books, the enforcement strategy could change at any moment.

[sageikosa]

...or be subject to stochastic enforcement. Anything not predictable is inherently risky and likely to be avoided by the more risk averse. The actors engaging in more risky behavior then become the prototypes for bad behavior and a justification for tougher enforcement and more laws.