I think there is a key distinction to make here. One of these two offenses is much more clearly delimited and identified than the other.
If you're a child molester, there is not much left to interpretation.
When it comes to scam, I feel like this is much more subjective. And proportionality still would play a role.
Nowadays, every fucking retard on YouTube is calling everything a scam. Mostly because are really fucking dumb and never stop to wonder how companies can spend so much in ads and have a good or competitive product
No fucking shit? You can't be an actual lord for a $100. Yes if you see Japanese traditional knives being advertised everywhere, they are shit. Might still be traditionally Japanese though. What a scam to be retarded and still having to go through life and have to resist ads thrown at you.
Similarly, missing an opportunity because you sold your property to someone who knew they could just turn a great profit by tweaking a few things. Then turning around and saying you took advantage.
The issue with the scamming the elderly thing, is that you have no fucking idea how many money hungry kids and grand kids are willing to do anything to get their inheritance back. They'd sue a SPA if they could for abusing their poor massage addicted grandma.
In clear cut cases, it's always going to be people outside the country. And then, yes sure. But will it happen? Probably not.
If we really reign in the scam part of things, I am down. These people are the low of the low and deserve death.