Well, if Eli Crane can't be prosecuted and jailed for calling African Americans "colored people" I don't think that people who intentionally or inadvertently mis-gender people should be prosecuted and jailed.
Do you think whoever Eli Crane is should be prosecuted and go to jail for using the term "colored people"? If so, would that also apply to the omnipresent usage of the term "people of color"?
"Things should be made as simple as possible, but not one bit simpler." ~ Albert Einstein