If this actually goes somewhere, our sport is done.

Assuming the problem here is stating ahead of time you will be taking someone out for malicious reasons---This isnt the same as a "race incident" per say..

What if you had "beef" with someone you raced with and every single race they intentionally ran their bike into you--I think that becomes a big issue. Or if they lawn dart their bike into you in the pits..ok or not? Are you calling the cops? 

Race incident or intentionally trying to harm someone--different things. 

Be interesting where this goes..

Are we taking each other out in a turn, or are we cross jumping over a big jump - repeatedly on-purpose? Does that begin to cross the line? Yeah, setting the precedent that a take-out could land you in jail is not a good deal for the sport, but if you are out there to cause bodily harm, then maybe you should have the sense to sit out a few races and recollect your thoughts.