The law must be more nuanced than that. If not, it would mean every overhead kick, from Pele's one armed classic in Escape to Victory, via Rooney's 2011 Manchester derby effort and Andy Carroll's against us to Garnacho's recently would all have been fouls under the current law?
If you are marking Paul Dickov one week and Peter Crouch the next presumably it is relative to the opponent as well? So there must be an element of control, danger, and opponent for it to be illegal. It's an interesting point and I do not know what the actual law is.