TOS violations have been found to not be subject to the criminal provisions of the CFAA. The only circumstance under which it would become a criminal issue is

TOS violations have been found to not be subject to the criminal provisions of the CFAA. The only circumstance under which it would become a criminal issue is if they successfully sued you for it, and obtained a judgment that included a provision ordering you to cease scraping. Ignoring such a court order would then potentially expose you to a criminal contempt of court action.