It is completely possible. Obviously the circumstances of the act in question will determine whether it qualifies for either or both, but it is entirely possible.
yes Whether the created crime is deemed worthy of being punishable as an actual crime is probably more based on the viewpoint of he who created it. In other words, you decide with the help or lack of...
Well..., not really BUT -- it could very well depend on what you consider "joking." What were you "joking' about - who you were "joking" to - who might have overheard you? If it is a currently 'open'...