a crime. the test is will they found guilty in a court of law. if the answer is no, then he didn't commit a crime.
that's the way that we do it in this country. that's the only way to do it. once in a while a person commits a crime and is found not guilty.
the deft. goes free and the he did not commit a crime. that's the way it goes. but in this case the deft. did not commit a crime.