I find it very telling that you picked on the technicality and ignored all the other questions.
You are totally correct.
My early observations were certainly subject to debate, but the point of law is absolute.
BTW, that portion of the law is very difficult to argue before a jury. If Def Counsel is going to rely on that as a defense, Counsel will usually ask for a NON-jury trial, with judge alone deciding case, especially if you have a very learned judge.