I can think of any number of "What ifs" covering almost every single activity people do every day. For instance, I fall asleep while watching my 3 y/o. Should I have to answer to CPS? After all, there are any number of evils which could befall him while I nod off for 30 seconds.

The Nanny state needs to go away. The police involved in this would be far more gainfully employed catching actual criminals and guarding against criminal activity instead of creating criminals by going after petty garbage like this.