I haven't answered this because the key difference is in whether the person themselves is culpable.
I don't mean to ignore the point--I'll answer it directly if you wish--but hopefully you can see from my other answer that I don't think this hypothetical is relevant because it obfuscates rather than draws out the difference between a party that has actively done wrong, and one who hasn't done anything wrong but whom you believe perhaps someday will. That distinction is essential to my concern, so I didn't think this hypothetical was very helpful.