Let me make it more clear. If during the start of the game I move to 1.e4, without pressing my clock. If my opponent moves to 1. … e5, the move is clear to be a legal move. With my own failing have let my opponent move on my time. It is clear I did not make the completion of the determination and completion of the move. If I failed to press the clock, my opponent can point this out to me or make a legal move. If my opponent touched the pawn, my opponent is bound to move the pawn to e6 or e5, but the pawn was touched during my time.
If my opponent after the move did not want to open with 1. … e5, but wanted to open with 1. … d5. If my opponent makes the claim I did not make the completion of the determination and completion of the move, my opponent should not have the right to change the move from 1. … e5 to 1. … d5. There is no official penalty for failing to press my clock. If I failed not to press my clock for ten minutes, the director does not have any official rules to penalize me for not pressing my clock. Since Black cannot prove any official penalties, Black is bound to the touch move.
If my opponent makes a move on my time, because I failed to press the clock, the move is a legal move. During any time controls, players have made their move at the same time as their opponents. If my opponent noticed I touched my pawn, so on my first move I have to move the piece to 1. e3 or 1. e4. If my opponent also touched a pawn, my opponent is bound to move to 1. … e6 or 1. … e5. My opponent does not have the right to touch and move any other piece on the board.
It does not matter when my opponent will do this. It can be on the first move or any move of the game. It is a annoying behavior under rule 20G, it can be a deliberate illegal moves under rule 11J under some cases. The point is this, if my opponent does touch a piece during the time I have the piece in hand. My opponent has not given me the chance to make the completion and determination and completion of the move. As my opponent is moving his own piece at the same time as myself.
If the opponent does this on the board, than the opponent should suffer the punishment on the board as well. Example of a simple position: WHITE King on g1, Rook on e2, BLACK Rook on b2, Queen on b3, King on g7. If white is on move, and Black grabs the King on g7 as he feels White is going to play Re7+. White has touched and picked up the Rook on e2, but has not released the Rook. White has the piece (Rook) in hand. Black has grabbed the King on g7, in the faith that white is going to move to Re7+. The point is this, Black has failed to let White make the completion of the determination and completion of the move. In my judgment, black has to move the King as the King is touched. White can capture the Rook on b2, black has to move the King and white on the next move can capture the Queen on b3.
For a number of people you would feel this is cheating, but it is not it is just the position on the board. If it was the start of the game with 1. e4 e5 with my opponent making a move on my time. If the opponent is making a move at the same time as myself, and the move is as simple as 1.e4 e5. It should not matter when the touch move was done, as the touch move does not care about the position of the board – only following the rule of the game.