Partly why I used that citation. It’s one of the few (adult) dictionaries that acknowledges as much.
I wouldn’t go so far as to say the Webster 3b usage is incorrect—it’s in some dictionaries and was historically unambiguously correct. But it’s non-standard to a high degree, to the extent that Black’s Law Dictionary only contains the criminal variant. (I’ll leave it open whether publicly referring to someone who has only been sued as someone who has been prosecuted, when intended as an attack, qualifies as defamation.)
More to the point of clear communication, I’d put it in a similar category as claiming one’s usage of terrific or silly was intended in its historic sense [1]. (Though I’ll admit my use of “nice” falls in that category.)
All that said, I’m very willing to entertain there being a dialect, probably in America, where the historic use is still common.
[1] https://www.mentalfloss.com/article/84307/7-words-mean-oppos...
The fact that you're referring to an intra-disciplinary dictionary to make the opposite argument implies that the narrower definition is jargon, and not an accurate representation of the common meaning of the term.