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I guess we're arguing over semantics here, with the result being the same.
My take is the deception (and therefore the foul) occurs prior to the snap, we just are unable to determine if it really is a foul until the snap. If they don't snap the ball, they obviously didn't deceive anyone so there is no foul. But, snapping the ball isn't what is illegal, it's all of the action that preceds the snap.
I can see what you're saying as well. Illegal motion, for example, is another penalty that is similar to this - - depending on whether or not and when the snap occurs we may or may not have a penalty. In the case of IM, you are right. The obvious question is if the penalty is simultaneous to the snap, why does the Fed have a different enforcement? A live ball UC is a succeeding spot foul which would be a huge incentive to go ahead and run plays like this. All I'm trying to say is instead of thinking about plays like this as exceptions that you have to remember, just consider it a dead ball foul that you caught when they snapped the ball.
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