(The snooker people tend to call them by their colors rather than their numbers.)
That would be a foul and a miss and a free ball. The opponent could nominate any color to be the green, or require the fouler to shoot again, or have the cue ball replaced. It would not be the first of 3.
There is a special rule for the 3-foul-loss-of-frame situation. In that case, you only lose the frame if "there was a clear path in a straight line from the cue-ball to a ball that was on or could have been on, such that central, full ball, contact was available".
This is different from being snookered and can be a little hard to judge if there is maybe a window between intervening balls. In this case I think the jaw would prevent a "clear path" to hit a full ball.
So, if you can just see the edge of the last red because it is mostly behind a color, and you miss it, trying to get a very thin hit, the foul is not the first of three.