So this is probably a unique circumstance that no one has run into yet.
Basically there is a neighbor claim next to me that became open around New Years when all the inactive claims opened. I was going to have a friend move into it, but instead of destroying the claim stone and building a new one they thought they could just add money to the claim and it would belong to them. Oops, that just added money for the current claim owner. So I figured, oh well just wait the week or so and then go do it properly. That amount of time has come and passed, the claim is now open again. So I went to go destroy the claim stone, but before I did I noticed that my Black Bile had begun draining. Well I don't have criminal acts on, there was no criminal debuff icon showing but I still had to walk quite a far ways away before my Black Bile stopped draining. I'm guessing there is some sort of bug here that makes the criminal debuff still apply in this particular unforseen scenario and that it's not an intended feature.
tl;dr An open claim that has money added to it by someone who isn't the owner and then the claim reopens will apply criminal debuff (at least the BB drain) even though the claim is open and the player doesn't have criminal acts enabled. No criminal debuff icon shows.