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The rabbit hole is deeper than you think.

https://en.wikipedia.org/wiki/Mens_rea

FWIW, there are other examples of where securities laws where intent (which is difficult to prove) is needed in order to demonstrate a law has been broken. e.g. Spoofing.

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Intent is often not that difficult to prove. It isn't murder if you were just sitting in the bell tower innocently cleaning your sniper rifle and it accidentally went off and put a round through the head of your sworn enemy, but you're entitled to reasonable doubt, not preposterous fabrications.

The problem here is that the innocent behavior and the prohibited one are basically identical and neither of them is particularly implausible.

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