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It would say "any person" but the context is clear it's talking about the victim. We do "spirit of the law" here anyway and not "letter of the law" so if someone were convicted under this law for furry stuff it would go straight to appeal.
You just explained how it is a problem inherent to most LLMs. Most spammers aren't able or willing to train a model.
Every large hosted LLM drones on and on. It helps them land on the correct answer more often. And they always return to the mean of their training even with prompting. Try telling a model not to reply with "Sure thing!" or some other shit and it'll do it anyway. Far easier to just cut that shit out.