If someone was using your lawn as a restroom would it matter that the intent was to use a proper restroom?
That's also an extreme example and very highly unlikely to happen. If it did, probably the person using the lawn would be mentally ill, very low IQ or so sick that there was no control. So, to answer the question, yes, the intent should be considered, just in my humble opinion.
If the person was of sound mind and body, etc., the intent should also be considered, and they should be arrested.