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...
Any crimes subject to the death penalty. In the US, they have to involve murder (although treason is still listed as a capital crime, it has not been tested).
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'...