I'm no lawyer, but I can easily refute that.
Example 1: You yell "BOMB" while on your plane seat. People look at you and laugh it off, while the sky marshall drags you out of the plane in cuffs. Inciting panic does not require panic to happen. The crime is incitement, not the effect.
Example 2: You go to the corner between your [Not Vegas] local pawnshop and seedy motel, and ask a lady standing near the curb: "How Much?". The lady takes her wig off and flashes a badge. Next thing you know, you're behind bars for soliciting sex.
Example 3: You and your psycho date go to a restaurant. Your date starts a scene, yelling, kicking and screaming because "there's a fly in the soup". Police is called, and your date is arrested for disorderly conduct, in spite of nobody being hurt.
Still think its the consequences that get you?