This is a law that cannot be objectively enforced. So basically, if you pass well, nobody will suspect a thing and it's OK, but if you don't pass well, you get a criminal record for it. We cannot have laws enforced by subjective standards, and certainly not standards that vary from individual to individual.
I was once in a public restroom at a concert in Vegas. While I was in line a woman yelled, "There's a f***ing MAN in here! Get the f*** out, or I'm calling the police." At first I was sure she was referring to me, but then I saw the very butch lesbian with unshaved facial hair that she was pointing at. Can you imagaine the lawsuits that cases like this could spawn if this law was passed? It will create plenty of problems while solving none.