You are referring to a legal term, which refers to a statutory crime. The incidence of the crime, almost always involves elements that would not pertain to a state of nature. I would agree that one of the reasons men create governments to secure their natural rights, is to define actions that will be punishable. I have no idea why you pose the question as you do; but if anything it obfuscates rather than clarifies.
We’re agreeing on premiss.
Then we can agree that rule of law is absolutely crutical, requires restraint, and is the heart of constitutionalism.