Edit: I am not saying these things aren't crazy fast and dangerous, but if you go into an electric motorcycle store and they try to sell you an e-bike with a pedal assist, it's obvious they are not the same thing. The form-factor is just different.
Not legally.
I would argue that the presence of pedals matters much less than the power and weight of the device when it comes to how it should be regulated. Power and weight are what create the risks that the laws exist to regulate.
If you have an ~80 pound device with hardware that can do >40mph on flat ground, it should not regulated like a bicycle.
Edit: To make my point clearer, I think the focus on top speed in a bit of a red herring. High speeds can be achieved on anything with enough hill/drafting/etc. The rate at which the object can gain kinetic energy is what matters. Devices that gain kinetic energy quickly are much more dangerous to operate. Thus the combination of Power x Weight is what the regulations should focus on. There is such a plethora and proliferation of different device types, any other type of distinction can't keep up and will either leave safety gaps or unnecessarily curtail critical innovation in personal transport technology.
I don't know what the strict legal definition is and I'll take your word for it that "pedals directly connected to a chain" is the one. However, for all intents and purposes in every-day conversation, "electric motorcycle" seems accurate to me.
These things are between 27 and 37kg, depending on the model. You can cycle them, but it's obviously not really intended to any normal use. The chain is a useful backup (or perhaps a legal loophole, or maybe a bit of both). I think that legal definition is perhaps outdated and should be updated.
I understand the motivation for requiring pedal assist rather than a throttle, but the motor speed cutout is the important bit. If I can put it in easy gear and pedal to operate the throttle while the chain is freewheeling the whole time, the pedals are just a throttle I operate with my feet; I'm not actually providing any of the energy for locomotion.