As a person that formerly worked with ALL communications, classified and unclassified for the State Dept. I can tell you that you are totally correct. There is no "malicious" required at all. The mere fact that classified information was transmitted on an unsecured system, whether marked or not, was a felony. And I would say that there is "implied" intent when you have to physically take that classified information out of a secured area to put it into a work station that is open to the Internet.

Hillary also knew that all ambassador travel itineraries were classified and she put it on the Internet.
Hillary also knew that using a cell phone or blackberry, etc in a secure area is breaking the law too. And she was witnessed doing that on several occasions.

I can only guess at why she has not been charged. And my guess would be that they are trying to cover the POTUS.