That's a dishonest representation of the law. If you mis gender someone intentionally or not, you can be charged with a criminal offense, yes. But in court, the burden is on the accuser to prove you did so intentionally and with malicious intent. So far in Canada at least, I've not heard of anyone being charged, let alone convincted for doing it unintentionally. Intention is the key here. I'm not defending the law or the morality of doing this but let's be honest and not change the truth to fit our narrative.