While more objective, it also makes a criminal out of a father that takes his daughter into the ladies' room or makes a criminal out of the daughter the father takes into the men's room - or makes a criminal out of the mother that takes the son into the men's room or makes a criminal out of the son the mother takes into the ladies' room.
You do realize that it is NOT a crime right now for a man to use a woman's restroom or vice versa, right? The criminal conduct is if the person using the "wrong" restroom exposes himself or herself, or engages in voyeuristic acts, or so forth. And that's why these anti-transgender bills are simply nothing more than grandstanding and fear-mongering. If someone is inclined to commit a crime in the "opposite" bathroom, the fear of being arrested simply BECAUSE they use the "opposite" bathroom is not a deterrent insofar as simply entering the bathroom or using the facilities upon entering does not constitute a crime.
While you have a point.... there are counters.
I am male. Is it illegal for me to enter a male bathroom and just simply stand there while people walk in and out? No. Maybe I don't feel good, so I'm just standing there while it passes. Or I'm waiting for a friend so I'm just camping out.
Would people find it weird if I just walked in to a women's restroom and stood there? Smiled and waved at the ladies as they passed me? Technically I wouldn't be breaking any laws. And if you did accuse me of breaking any laws, I'd call you a bigot and a hateful POS, etc. Do we need to make a legal definition of "using a bathroom"? It's a can of worms that, IMO, doesn't need to be opened.