I announce to the referee that I am going to miscue, and barely hit the cueball, but enough to make the 9-ball hit the rail. I wipe the chalk off the tip, and then make the shot. It was a legal hit. I hit the cueball only once, and the 9-ball hit the rail.
I have a different take on all of this. It appears that the whole issue is a matter of nomenclature.
IF you hit the CB once and only once, and did so only with the leather tip and not with the ferrule - then it is NOT a miscue. Using that term (as well as announcing it in advance) is how you shot yourself in the foot.
It doesn't matter how or even if the tip grips the ball. What makes a miscue a foul is the fact that there is a double hit of the CB and/or the ferrule touches the CB (or some part of the cue other than the leather tip).
By calling this a miscue, you admitted to attempting an illegal shot when the shot you attempted wasn't a miscue at all, nor illegal. That right there is the problem. To add more to that, there is a rule about doing it intentionally too (premeditation). That rule, which has become the focus of the thread - is actually a secondary or tertiary issue here.
Your fault is calling a legal shot illegal even before it happened. Next time, do not do that. Execute the shot and let the ref or others contest the legality of it. If you want to avoid controversy, you bring the ref and explain to the ref NOT using the term "miscue" (as it's a misnomer), and tell them you are going to glance the CB but you are intending on hitting the CB once and only once using the leather tip and only the tip. Let them decide if you executed it well or not.
If you're really miscuing and it's you who wrongly things it's a legal hit, then you're obviously wrong and your shot is illegal, and moreover, your intent to execute an illegal shot is also unsportsmanlike conduct despite the fact that you may be ignorant of the reality that the shot you are attempting is in fact illegal. Not knowing what is truly legal or not is not an excuse to avoid an unsportsmanlike conduct charge. You have to know the game and how it is played and officiated.
As far as I am concerned, this all comes down to whether or not the shot was genuinely legal. However, that is being put on the backburner because the shooter, based on his claims of the legality of the shot - mislabeled what the shot actually was and thus admitted fouling without actually fouling and doing so in a premeditated way by declaring it in advance bringing all the unsportsmanlike conduct issues into play.