If you go to Nicaragua, and buy what you think is heroin, and smuggle it into the country and it turns out to be baking soda, is it a "thought crime" to punish you for drug smuggling?
As krickle said, thoughtcrime (as one word in reference to 1984, of course) is probably the wrong term. Still, outside of violent crimes like murder, I'd prefer to live in a society with a "no harm, no foul" policy. If there is a penalty for thinking you are breaking the law by smuggling lobster tails into the country, but it turns out to be legal anyway, that penalty should be vanishingly small.
Yes. Isn't it? To my mind what you've done there is very obviously not a crime.
Thoughtcrime is definitely the wrong term for this class of unjust punishment.