Playing Semantics isn't going to cut it....there can be no "presence" without the "entry".  So, if you ENTER illegally..you have STILL committed a crime, and your "presence" is Evidence Item #1.  If you ENTER legally, and remain after the expiration of your visa, you are STILL here illegally, and have STILL committed a crime.  I would submit every day you're here illegally is a criminal act.  As to "slick"...reading your responses, they were a "slick" attempt.....LOL....