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Nope, based on my interpretation of the OP, this is a defensive foul..every..single...time.
OP excludes any details such as number of steps, etc. between ball handler and defender. Based on your interpretation, ball handler could do the same thing, 20 feet in front of the defender and you would have an offensive foul. Based on OP, it would be nearly impossible for defender to not have a chance to stop or avoid contact.
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If some rules are never enforced, then why do they exist? 
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