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Sure, perhaps. And getting arrested doesn't necessarily make something less art. Graffiti can certainly be art but I have no problem with the idea that the person doing it should be arrested if caught.
After all, no one really argues that it could be art (the flashing) when done on a stage. At which points in the millions of ways we can think to iteratively subtly alter that agreed upon starting point does it lose that essence? I would argue that so long as you maintain that connection between the "artist" and the "enabler" then it is still art. Perhaps art that gets you put in the slammer. Quite likely art that I have zero interest in seeing. But then if me liking/approving of something is a required element of being art the world of generally accepted art would get much smaller.
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