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the thing about "borderline" and "spidey sense" is that in no way should that ever lead to someone being arrested or forced to register as a child abuser, but it did. the entire point of the article is that these sorts of nebulous situations are being treated the exact same as undeniable abuse, and that's the problem.

There are a number of more clear cut examples in the article.

A pond is not as dangerous as a pool unless the child is likely to swim in it.

When we were kids we, so most of the kids from the neighborhood, would spend all day down at the beach with no adults around. When it was time for dinner the family that owned the house at the top of the hill would draw the curtains in the living room, which was visible from the beach, to tell all the kids to head back home. No-one ever drowned, died, or got swept out to sea in the inflatable boat we had. And none of the parents batted an eyelid at this, it was normal for kids growing up near the ocean.

its a pond in a gated complex. If they can swim its no danger.